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HomeMy WebLinkAbout11-16 Stevens Towing CompanyPermit Class Permit Number NEW 11-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vernon for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Stevens Towing Co. 401 East Church Street, Edenton, NC 27932 Authorizing development in Chowan County at adiacent to Chowan River, end of SR 1220 125 Dye Plant Rd. as requested in the pennittee's application dated 10/7/15 (MP-1, MP-4) and 11/25/15 (MP-2, MP-3) including attached workplan drawing (1) dated revised 11/16/15. This permit, issued on January 28, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may �.. .._ J�...... ..uVap uuyuauwuouL Ui civu acuolt; Vr may cause me permit ro be null ana void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the building, barge ramp/bay, roads, spoil retention areas, and basin, all as expressly and specifically set forth in the attached permit application and work drawings. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. VAl�ffl . Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Stevens Towing Co. Permit No.11-16 Page 2 of 5 ADDITIONAL CONDITIONS Excavation 2) In order to protect finfish populations, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 3) Excavation shall not exceed -12 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). Spoil Disposal 6) All excavated materials shall be confined above mean normal water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 7) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal water level to prevent gully erosion and unnecessary siltation. 8) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 9) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 10) The diked disposal area shall be constructed a sufficient distance from the normal water level or any wetlands to eliminate the possibility of dike erosion into surrounding wetlands or waters. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Stevens Towing Co. ADDITIONAL CONDITIONS Bulkhead & Riprap Permit No.11-16 Page 3 of 5 12) The alignment of the authorized bulkhead and riprap shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 13) The bulkhead shall be constructed prior to any backfilling activities. 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 15) The backfill material shall be clean and free of any pollutants except in trace quantities. 16) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 17) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. 18) The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by wave or current action. Barge Ramp 19) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 20) Placement of fill materials below normal water level shall be limited to the ramp structure. 21) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size that specified in the attached permit application and workplan drawings. Barge Landing Facility 22) This permit authorizes only the concrete working platform, dolphin piles and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this barge landing facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Stevens Towing Co. ADDITIONAL CONDITIONS Permit No.1f=16 Page 4 of 5 23) No sewage, whether treated or untreated, shall be discharged at any time from any vessels using the barge landing facility. Any sewage discharge at the barge landing facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 24) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 25) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise; on the authorized facilities. At a minimum, permanent reflectors shall be attached to each dolphin pile or pile group in order to make it more visible during hours of darkness or inclement weather. 26) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Sedimentation & Erosion Control 27) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters.. 28) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. General 29) There shall be no temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands. 30) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 31) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 32) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Stevens Towing Co. Permit No.11-16 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Tier Il Programmatic General Permit 198000291 (Action ID No. SAW-2015-02613), which was issued on 1/21/16. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-1280. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. I Application Processing Notes Applica Type: (check all that apply) New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Rep Date Time Message i/Z��Ite tiatil�� cA,SA N. ilece;14 Calt l fir ► .��r'��m -�YS-� Zvo` of p�.�dc�il�,y w��,�,wi c�[,�y -- �M �a,y►,ts �l-o r I Chowan River Barge Facility Updated November 25, 2015 Stevens Towing Co. CAMA Narrative Introduction The Site is an approximately 48 acre property on the Chowan River in Chowan County, North Carolina (centered on Latitude 36.2061000 North and Longitude-76.7127000 West). The Site is located at 125 Dye Plant Rd. and is accessible from Rocky Hock Rd. (SR 1222) and Dye Plant Rd. (SR 1220). The Chowan County Tax Property Identification Number (PIN) is 697018414355. The subject property is the former Site of United Piece and Edenton Dye Works, which was a dye plant for the textile industry from the 1965 through 2006. The Site is subject to Chowan County zoning and the current zoning is 1-2 (Heavy Industrial). The prior use as a dye plant appears to meet the stated purpose of the Heavy Industrial District. This district is defined as an area to serve a wide range of assembling, fabricating, manufacturing, warehousing, wholesaling, and support retail and service uses. The Heavy Industrial District is established for the purpose of providing appropriate locations and development regulations for thoroughfares and the necessary utilities to support such development. Existing Conditions Location of all existing improvements are shown on the CAMA Major Plan. There are two large metal buildings that currently exist on the site. The building which served as the "Main" dye plant structure was dismantled and recycled by the current owner (Edenton River, LLC), whose affiliate company is D.H. Griffin, who specializes in this type of activity. D.H. Griffin transferred ownership of the property to Edenton River, LLC in 2007, which was when the demolition work occurred. There are extensive asphalt and gravel roads on the site, as well as concrete pads that once served as the foundation of accessory buildings and storage areas, a boiler room and pump houses, etc. In the footprint of the Main dye plant structure is the concrete foundation which was not demolished. There is an existing concrete pier (extends approximately 860 linear feet into the Chowan. River) on the subject property that was built in conjunction with the dye plant (there is a water intake structure at the end of the pier). Running nearly parallel with the north side (approximately 90 It to the north) of the pier is a former wastewater system discharge pipe which is marked with signage in the water. This pipe was disconnected in 2007, but at least a portion of the pipe still lies on the bottom of the river (partially covered with sediment). This discharge is no longer in use and was associated with the dye plant. Based on review of available elevation data (topographic maps, Google Earth data and collected survey data), elevations of the site vary from about 5 feet above sea level to about 35 feet above sea level. Based on discussions with NC Division of Environment and Natural Resources (NCDENR), Division of Water Resources (DW R), all currently existing impervious surfaces, including paved surfaces, compacted aggregate drive surfaces and roofed structures can be built upon without the need for a State Stormwater Permit. If there is no net increase in impervious coverage associated with the project, there would be no State SWMP required. In June 2015, a water depth survey was conducted and depths are plotted on the CAMA Plan (relative to NW L). In general, water depths are at least -2 It NW L just waterward of the NW L shoreline. Within 50 It of the shoreline, the depths reach the -3 It contour. Ou 7p0,ftt from shore is a gradual slope out to the -7 It contour. CC �� ��//�GG DEC 11 2015 ACM- MHO CITY Chowan River Barge Facility Updated November 25, 2015 Stevens Towing Co. CAMA Narrative From there, the slope increases out near the end of the pier. Water depths at the end of the pier are greater than 20 ft deep. On June 10, 2015 and July 31, 2015, Quible evaluated the substrate for the presence of SAV. The initial SAV surveying (June 10) consisted of a review of bottom conditions in the vicinity of the property using an outboard powered skiff and by diving and wading. Underwater visibility was approximately 2.5 ft on each occasion which was sufficient to observe the bottom using a mask and snorkel. The only SAV present was Hydrilla verficillata, a noxious and invasive species that is being eradicated by the State Aquatic Weed Program in areas where funding allows (State and municipal). Hydrilla is unique because it can grow in turbid environments and spreads through fragmentation. On both survey occassisons, Hydrilla was found to grow in waters depths from about -3.25 ft deep to -4.75 ft deep. No other species of SAV was observed. There was a discussion of the presence of Hydrilla at the interagency scoping meeting at the NCDENR Washington Area Regional Office (WARD) on July 14, 2015 (before the second field evaluation). On July 31, while also performing shallow coring in the substrate (for soil testing), a second SAV survey was conducted and findings mirrored those from the June 10 evaluation. On August 6, 2015 (by request of Quible), representatives from NCDMF, NMFS and NCDCM met on -site for an additional first hand review of conditions related to SAV and findings were consistent with the previous evaluations. Project Need Stevens Towing Company currently has the subject property under contract for future use as a barge fleeting area, barge maintenance area and barge loading terminal. Stevens Towing is freight transportation company based on Yonges Island, South Carolina just south of Charleston, with a Mid -Atlantic operation based in Edenton, North Carolina. Recently, Stevens Towing of North Carolina recently commenced a long term contract with Nucor Steel to move direct - reduced iron (DRI) and other iron products from the Port of Morehead City, NC to Nucor's Hertford County plate mill. The DR[ arrives by ocean-going ship where it is transferred into a fleet of waiting barges, and subsequently transported almost 200 miles from the port to the mill. The subject property is situated close to the Nucor Plant along the barge route. Stevens Towing of North Carolina built 20 new covered hopper barges to service this contract. Additionally, the subject property is intended to be a loading/unloading area for materials produced and utilized in northeastern North Carolina, including grain and bridge construction materials. This project has full support of Chowan County and Stevens Towing has been in close communication with NCDOT since the state has been exploring staging and loading/unloading areas for upcoming bridge projects. In addition, the Edenton Chowan Partnership (ECP) has unanimously passed a resolution in support of this project from a tax revenue and job creation aspect. A letter of full support for this project is included in this submission package. Proposed Work >' Dred in I t The scope of this project was discussed during our interagency scoping meeting. Since the i.t J U scoping meeting, and based on recommendations by regulatory staff, the applicant worked to p avoid and minimize dredging impacts associated with this project. Included in this application = package is a reduced sized aerial overlay which is entitled "Conceptual CAMA Plan", which was LILI 7 the subject of the scoping meeting. Since that plan, there have been notable reductions in o , impacts. Lu 0 2 61) Chowan River Barge Facility Updated November 25, 2015 Stevens Towing Co. CAMA Narrative Proposed dredging involves excavation necessary to for the barge operation, with a controlling water depth of -12 ft (relative to NWL). Water depths of -12 ft are the industry standard since most tugs and loaded barges require at least -10 ft of water to safely operate and since water depths can fluctuate up to 2 ft in this area due to wind tides, -12 ft is critical. Since the scoping meeting, there has been a proposed reduction in dredge area of about 3 acres. The currently proposed dredge impacts (8.69 acres) meet the minimum necessary requirements to complete this project. Since the scoping meeting, all dredging on the north side of the pier has been removed from the scope (see CAMA Major Plan). The total dredge volume based on water depth surveying and proposed project depths is approximately 98,000 cu yds. The bottom material, through probing and shallow coring, has been observed to be dominated by fine grained sands. This lends itself well to the proposed hydraulic dredge plan. As shown on the CAMA plan, there is a designated dredge spoil retention area on the upper fields of the property. This will be permitted through NCDLQ. This involves an approximately 8.6 acre are where spoil retention berms will be constructed, using existing material to create containment basins to receive the dredge slurry. The capacity of the proposed spoil retention area with 2 ft freeboard from the top of the basin is approximately 132,193 cu yds which provides sufficient dredge material capacity for the proposed project. There will be dredge influent piping to the bermed settling basin. And, there will be a dredge outlet structure at the opposite side of the basin from the inlet that with effluent piping that will allows water to discharge back to the River. The dredge contractor will be required to meet turbidity standards established in the CAMA Major Permit, 401 Water Quality Certification and Erosion Control Permit. Coring of the substrata was performed on July 31, 2015 and samples were sent to an analytical laboratory for RCRA 8 metals and PCB testing. Samples were taken from six, nearly equally spaced sampling stations in the proposed dredge potion of the River. All sampling results came back negative with respect to PCB's and all metals results were significantly lower than all published State and Federal regulatory standards (naturally occurring metals and otherwise). Lab results are included herein. Barge Fleetina Area The fleeting area will serve as a tie up area for empty and loaded barges. The fleeting area constitutes what is labeled as barges 1-7 and 9-13 on the CAMA plan. Since proposed dredge work has been removed from the north side of the existing pier, the Barge 1 and 9 locations will be designated for empty barges only (empty barge draft is approximately 3 ft). Barges 2-7 and 10-13 are intended to accommodate loaded or empty barges. Barge locations 10-13 are for emergency tie-up use only, and may be used for barge staging during extreme storm events when barges cannot travel on the open sound. Typical barge length is 52.5 ft x 260 ft. The fleeting area includes 9 proposed steel monopole dolphin pilings (4 ft diameter pole). It is not necessary to have dolphin pilings in between each row of barges since they can be tied up to one another. Loadina/Unloading Dock The loading and unloading dock is intended to serve a single barge for unloading or loading. This includes a concrete working platform 40 ft x 300 ft that is secured with an industrial grade marine bulkhead along the waterward side of the platform with wingwalls along both sides of the RECEIVED DEC 11 2015 131C !- EV HD CITY N Chowan River Barge Facility Updated November 25, 2015 Stevens Towing Co. CAMA Narrative platform (397 ft). Each end of the sheetpile bulkhead alignment is labeled on the plan. This area is labeled on the plan as Barge location 8. This is also the location for temporary mooring for tug boats. The typical tug size is 65 ft x 24 ft. It is important for the tug boats to be working at almost all times, and this will be a temporary staging area only. Tug locations 1-4 are shown on the plan. In the even that a tug requires temporary mooring while a barge is in the loading dock, the tug will simply be tied to the outside of the barge. Most frequently the tugs will be staged for a brief period of time for crew changeover and grocery stops. Barae Ramp The barge ramp will be up to 80 ft wide in the location shown on the CAMA plan. This barge ramp will be used to pull barges in for maintenance and for launching barges after on -site maintenance. Inflatable rollers and skid blocks will be used to pull barges in using a winch system. Ramp design and considerations have been studied by Childs Engineering Corp. who specializes in marine barge terminals. The following procedure describes the proposed methods for hauling barges out of the water: • Bring the barge into position along the ramp alignment (bow -first) • Secure and stabilize the barge with a minimum of 4 lines to control position • Attach the hauling winch line • Insert deflated air bags under bow (or they could already be placed prior to positioning the barge) • Inflate one or two air bags to raise the bow • Begin to haul the barge onto the beach/ramp • Insert and inflate more airbags under barge as the barge is hauled up the slope (whereas not to allow direct barge contact with ramp) • When barge is in final position set blocking and deflate the airbags in a controlled manner such that barge rests on the blocking The air bags will be 4.5' to 5.5' in diameter and will be spaced at 14' on center. It is estimated that approximately 5 barges per year will utilize this ramp and associated maintenance bay. The maintenance bay will have a concrete retaining wall with knee -wall on both sides. The shoreline and south side of the ramp will be protected with granite rip rap material over an area of approximately 1,685 sq.ft. as shown on the plan. When a barge is pulled into the bay, a watertight gate will be secured in place along the ramp side of the bay. During construction, a sheet pile cofferdam will be driven around the perimeter to enable dewatering of the ramp area during construction. A compacted granular soil will constitute the sub -base which will underlie crushed stone of thicknesses determined appropriate by a geotechnical engineer. The ramp will be surfaced with a concrete slab and the sheet pile system will be left in place and cut even with the slab surface. >JAll sand blasting, painting and other debris generated in the maintenance bay will be collected �-mslde the contained bay. In the sandblasting process, the equipment used includes a 4,000 psi 0 t vacuum with a return hose that allows water to be reused and self contains the sand used in LLI o e process. Any runoff will be collected by a trench drain that will filter and direct runoff to an > N filtration basin. All solids collected in the bay and residues trapped by the filtration system will placed in a holding tank and property disposed of at an off -site landfill. The water will be LLI C-) rected to an infiltration basin adjacent to the maintenance bay (in the location shown on the UJ o cc 0 4 (h Chowan River Barge Facility Stevens Towing Co. Updated November 25, 2015 CAMA Narrative plan) through a trench drain. The trench drain collector will be fitted with an Aqua -Guardian TM Catch Basin Insert (or similar product) sized according to manufacturers specifications and will be capable of removing TSS (sediment and paint chips) and oil and grease that may be rinsed off of the boats. The proposed catch basin insert will provide filtration to remove solids and will have a grease trap that will prevent oil and grease from entering the infiltration basin. The insert will require maintenance based on the amount of usage according to manufacturers specifications. During maintenance activity in the bay, a vinyl enclosure on wheels will be rolled over the active working area to encase the barge and trap airborne substances. Upland Development Upland development will include: a. Construction of a facility office The office building will be positioned in the location shown on the plan b. Removal of at least 24,887 sq.ft. of impervious surfaces (areas shown on plan) All of the existing impervious surface removal areas are within the limits of disturbance shown on the plan. A SESCP Permit through NCDLQ will be applied for to include this work and dredge related land disturbance. c. Existing concrete pad upgrades and reinforcement Some of the concrete surfaces that exist on the site will be used for equipment staging and barge maintenance. These surfaces will be evaluated by a structural engineer. At a minimum, these surface may require new concrete surface overlays. In addition, if deemed necessary, concrete reinforcing may be appropriate. RECEIVED DEC 11 2015 DCM- MHD CITY DCM MP-1 n , APPLICATION fort: ASTAL MANAGfh"'WT 1 Major Developm w. (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name Stevens Towing Co. Project Name (if applicable) Stevens Towing Chowan River Facility Applicant 1: First Name Simon MI Last Name Rich, III Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 401 East Church St. PO Box City Edenton State NC ZIP 27932 Country USA Phone No. 252-482-1011 ext. FAX No. Street Address (if different from above) City State ZIP Email simon@ebarge.net 2. Agent/Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No, 2 27949 252 - 491 - 8147 ext. ext. FAX No. Contractor It 252 491 8146 S eet Address (ff different from above) City State ZIP 8�6 Caratoke Hwy, Bldg 400 Powells Point NC 27966 - Er I(q br&o@quible.com <Form continues on back> Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 125 Dye Plant Rd. Subdivision Name City State Zip N/A (Rocky Hock) Edenton NC 27932 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 -482 - 1011 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Chowan Chowan River c. Is the water body identified in (b) above, natural or manmade? J. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Chowan River e. Is proposed work within city limits or planning Jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Chowan County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,138 ft 2,087,490 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) varies 5' - 35' ❑NHW or ®NWL e. Vegetation on tract shoreline: bald cypress, red maple, sweet gum, pine other areas: maintained grasses, oranmental shrubs, upper ag field (varies) f. Man-made features and uses now on tract Former United Piece and Edenton Dye Works Facility which was closed in 2006 and partially taken down (metals recycled). Existing features include two large warehouse structures, concrete pads and foundations from former buildings, extensive asphalt and gravel roads and parking areas, a pump house, concrete pier (approximately 850 ft) with former water intake structure. g. Identify and describe the existing land uses adiacent to the proposed project site. - residential (south), residential and undeveloped (north), Chowan River (west), residential agricultural and commercial (east) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Heavy Industrial (1-2); Chowan County Zoning (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? HLGEIVED <Form continues on next page> DEC 11 2015 MID CITY Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development 'Perrgit ' m. (1) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (lii) If yes to either (i) or (li) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, fl available) n. Describe existing wastewater treatment facilities. Active: on -site septic for a bathroom facilty Past: (1) former textile dye plant wastewater treatment from dyeing process, (2) out -of -use on -site septic systems for former buildings o. Describe existing drinking water supply source. Chowan County Water Distribution System connection p. Describe existing storm water management or treatment systems. There is no State Stormwater Permit, but stormwater runoff has been managed from a roof gutter and drop inlet system that directed stromwater from impervious areas 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. This site is intended to be a barge fleeting, loading/unloading and maintenance facility. The site is located close to the Nucor steel facility where Stevens Towing has a long term contract to transport DRI to the Hertford County plant using 20 dedicated hopper barges. Also, this site is intended to serve as a barge loading and unloading area for grain and other materials. Stevens Towing has been in close communication with NCDOT for the Ilkley use of this site as a loading area for concrete and steel bridge materials to be used for upcoming northeastern NC projects. Additionally, there is a proposed barge ramp to pull barges out of the water for maintenance in a designated maintenance bay that will include a proper runoff collection and filtration system. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredging: Bull dozer, hydraulic dredge and barge, back hoe, roller for compaction Ramp, bulkead and working platform: crane and pile driving system (drop or diesel hammer and vibratory equipment), concrete trucks, bulk dozer and back hoe Storage: All equipment to be stored on -site or on a barge immediatley adjacent to the property in the work area d. List all development activities you propose. (1) Dredging: 8.69 ac (2) Barge Fleeting Area (12 barges) (3) Loading/Unloading Dock (t slip for a barge, also used for short-term tug staging) (4) Barge Ramp and Maintenance Bay (with washdown collection) (5) Upland Development (office, spetic system, removal of some existing impervious area, existing concrete resurfacing) e. Are the proposed activities maintenance of an existing project, new work, or both? new I. What is the approximate total disturbed land area resulting from the proposed project? maximum = 29.09 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that f Apublic has established use of? h. Des_ a location and type of existing and proposed discharges to waters of the state. Surill Runoff. There is new proposed water dependent coverage associated with the ramp and loading dock. There is a grep4r amount of impervious surface being removed from the site than will be added (see plan- net decrease of ap imately 1,331 sq.ft. of impervious area for the site). Filtered water from washdown and sandblasting procedures will be Viected and recycled (self-contained vacuum system) and/or directed to a dry infiltration area, but there is some amount of mtoff associated with that practice. I. Wi! wstewater or stormwater be discharged into a wetland? ❑Yes ®No DNA IfQ, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ONA J 252.808.2808 ., 1.888.4RCOAST ., www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit `6 i. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. - b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENA. . I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Barbara Lennon and Mary Frisina Phone No. Address 1519 Eagle Ave., Norfolk, VA 23518 Name Raymond Bunch Phone No. Address 3201 Rocky Hock Rd., Edenton, NC 27932 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. Dye Plant NPDES Permit (expired 2008):NC0003867 Issued RECEIVED 1996/ expired 2008 DEC 11 2015 h. Signed consultant or agent authorization form, if applicable. I. Weiland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best 4YYItq�tnowlee "" =` Date Print Name Rt — &AA 'NO, AA4 rb\e ASsoc S•p' C Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges C Llverto�C T 2 1 2015 C Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information a o f W W o 0 0 ,i Form DCM MP-2 NOV 3 0 2015 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information: Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 64 Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or stabilization N W L Length 805' 205' Width 470' 80, Avg. Existing 5 0, 4.0' NA NA Depth Final Project 12 0' 12.0' NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 98,000 cu.yds c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ®SAV Hvdrilla only ❑SB OWL ❑None (if) Describe the purpose of the excavation in these areas: To provide sufficient depths needed for barge activity. The SAV observed is invasive only (Hydrilla) in water -3.5' deep, extending out to the -4.75' contour. This was verified by SAV survey and site meetings with DMF, NMFS and DCM 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Upland fields on -site c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (II) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW []SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: []This section not applicable b. Type of material to be excavated. sand dominated d. High -ground excavation in cubic yards. RECEIVED DEC 11 2015 DCM- MHD CITY ❑This section not applicable of disposal area. Outside Retention Berm= 8.6 acres, Fill Area Inside Retention Berm= 5.8 acres, and approximately 4.82 acres additional land adjacent to soil retention area d. (i) Will a disposal area be available for future maintenance? OYes []No ❑NA (ii) It yes, where? Same location f. (1) Does the disposal include any area in the water? []Yes ONO ❑NA III) If yes, how much water area is affected? WA 252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12126/06 Form ®CM MP-2 (Excavation and Fill, Page 2 of S) a r� 1M . Hydraulic drdege spoil containment basins and final use of material on -site by grading dry dredge material on open fields 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: Bulkhead: 397 ft. Rio Rao: 60 ft ®Bulkhead ZRiprap ❑Breakwater/Sill ❑Other:_ Width: Bulkhead: 2 ft. RioRao: 30ft c. Average distance waterward of NHW or NWL: 5 ft (NWL) d. Maximum distance waterward of NHW or NWL: loft e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Steel sheetpile and concrete months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 1,239 sf Riprap _ sand and concrete Breakwater/Sill Other I. Source of fill material. dredged sand material from on -site 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? []Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area _ ❑CW ❑SAV ❑SB (iv)Purpose offill OWL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Spoil retention berms, silt fencing and seeding (a SESCP will be applied for through NCDLQ) c. (1) Will nevi ational aids be required as a result of the project? es S ®Yo ❑NA (ii) *bs, explain what type and how they will be Implemented. C ,v Guard approved singage and solar lighting (if required) wt111IIIII Ve installed on the outer fleeting area steel monopile 0 dins N backhoe, or hydraulic dredge)? hydraulic dredge d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808.2808 :: 1.888.4RCOAST n www.nccoastalmananement.ne4 revised: 12/26106 Form ®CM MP-2 (Excavation and Pill, Page 3 of 3) (ilTSJ2s1iV Date 1 S,e'(,tA5 vintG�1ov �ver�GCi� Project Name v Ap cant me Nssr— Applicant Signature RECEIVED DEC 11 2015 DCM— MHD CITY 252-808.2808 :: t-888.4RCOAST n www nccoastalmanadement.net revised: 426nrvD Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of .the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. t 1 office, 1 concrete working platform, 1 barge maintenance bay c. Density (give the number of residential units and the units per acre). If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (it) If yes, list the date submitted: A permit appliction package for land disturbance, including dredge retention areas, is being completed g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Impervious within 30 ft buffer: 35.52 %, 12,134 sq.ft. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 22.5% j. Describe proposed method of sewage disposal. On -site septic treatment system near office } L cb Desq4e location and type of proposed discharges to waters of the stat .g., surface runoff, sanitary wastewater, industrial/ W .--i co rcial effluent, 'Wash down" and residential discharges). � U Sur`we runoff. Washdown and barge maintenance w(sandblasting and other) practices will include a self - o r2btainment vacuum collection and filter system in the f ljntenance Bay. The vacuum system re -uses water c d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. The maximum proposed area of disturbance is 29.09 ac. The Limits of Disturbance line (LD) is shown on the plan. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. compacted gravel and concrete h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (1) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No ❑NA (ii) If yes, list the date submitted: Di was consulted during the scoping meeting and we were informed that if there is no net increase in impervious coverage that a State SW MP is not required. k. Have the facilities described in Item (i) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. 252-808-28082 :: 1-888-4RCOAST :: www.nccoastaimanaRement.net revised: 12/26106 q:,,o m OCPA MP-3 (Upland Development, Page 2 of 2) for further use in the maintenance bay area. All filtered materials will be contained on -site in an existing steel storage tank (labeled on plan) and ultimately disposed of at an approved landfill facility. Any water collected in the maintenance bay during barge work that is not re- used will be directed to an infiltration area adjacent to the ramp to minimize runott. m. Describe proposed drinking water supply source (e.g.. well, community, public system, etc.) Chowan County Water Distribution System o. When was the lot(s) platted and recorded? _ January 20, 1998 �'I;- 71S Date Project Name �v .S't'ovxnS 1GwIni CO — lica Name A plicant Signature n. (1) Will water be impounded? ®Yes ❑No ❑NA (II) If yes, how many acres? 5.8 acres p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? []Yes 1--]No ®NA RECEIVED DEC 11 2015 DCM- MHD CITY 252.808.2808 :: 1.888-4RCOAST :: www nccoastaimanaaement.net revised: 12/26/06 ,(m Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information: 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community ❑This section not applicable b. (1) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ®No (11) Number 0 If yes: (ill) Length (ii) Number (iv) Width (Ili) Length (v) Floating []Yes []No (iv) Width (v) Floating []Yes []No e. (1) Are Platforms Included? []Yes ®No f. (1) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number (11) Number (Ill) Length (ill) Length IN) Width (iv) Width (v) Floating []Yes ❑No Note: Rooted areas are calculated from drlpline dimensions. g. (i) Number of slips proposed h. Barae tie uD = 13 fincludina loadina dock. Drimary fleetina area and emeroencv fleeting area). short-term to staging = 4 (at loading dock) (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required cloter; please describe: fpp sf `W CV 6 \t i4 Typicalboat length: barges: 260'. tug: 65' U W o g � U 0 Check all the types of services to be provided. ® Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ® Boat temple); number of boat ramps: 1 ❑ Other, please describe: The main barae boat ramD will be uo to 80 ft wide and will extend 205 ft waterward of the NW L. j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). tua boat- temporary mooring at the loading dock, enclosed hopper barges I. (1) Will the facility be open to the general public? 252.808-2808 e: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 m. (!)Will the facility have tie pilings? []Yes ®No ®Yes []No (if) If yes number of tie pilings? 9 Steel monopole dolphins for fleeting area 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included In the proposed project. ® Office Toilets ® Toilets for patrons; Number: 1; Location: office ® Showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. On -site septic system adjacent to the office. c. Describe the disposal of solid waste, fish offal and trash. . There will be a trash dumpster and pickup service to the sanitary landfill. d. How will overboard discharge of sewage from boats be controlled? No discharge allowed. No sewage on board barges. There will only be a single tug moored at the facility for short periods of time. The tugs have sludge digester systems on -board. As with the other Stevens Towing facilities, when pump -out is needed, a vacuum septic service will be called in. e. (1) Give the location and number of "No Sewage Discharge" signs proposed. 0 (11) Give the location and number of "Pumpout Available" signs proposed. 0; see d. above I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. The barge maintnence bay will include a concrete knee wall along the two sides. When a barge is being worked on in the bay, there will be a watertight gate on the ramp on the waterward side of the barge maintenance bay. All sandblasting material will be captured in the maintenance bay through a collection and filter system. All residues and solids collected in the maintenance bay will be propertly disposed of at an off-slte landfill. While active sandblasting or other work is being conducted on a barge, a mobile vinyl enclosure on wheels will be rolled over the active working area to encase the barge and trap airborne substances. Sandblasting equipment includes a vacuum system that collects not only solids, but also the majority of the water used in this process. The water is recycled for further use in the blasting process. Filtered water not collected by the vacuum system will be directed to a dry infiltration basin to minimize runoff into the River. g. Where will residue from vessel maintenance be disposed of? off -site landfill h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. D REGEIVCn vr• � r.r DEC 11 2015 DCM- MHD CITY W j. What will be the marina policy on overnight and live -aboard dockage? No live aboard dockage allowed k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. ' Is the marina/docktng facility proposed within or adjacent to coastal wedands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ®SAV Hvdrillaonly ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Pubiic/Govemment ❑Private/Community (it) Number (iil) Length (iv) Width Note., Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a• (1) Number (it) Length _ (tit) Width 5. BFWKWATER (e.g., wood, sheetpile, etc.) 0 a. Lekah — W U 5. MaQum distance beyond NHW, NWL or wetlands �+ UJ U LLJ &MOOING PILINGS and BUOYS ®This section not applicable b. Average distance from NHW, NWL, or wetlands 0This section not applicable a. Is the structure(s): ®Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline up to 850' (at end of existing pier) Note: This should be measured from marsh edge, if present. e. Arc of the swing WA 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Ramp- 286 ft from adjacent property line to the south 0CMSi'F�i: D r. ub — 230' fRVM Naftfbf RtnRRdAN. L]NE Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 1.75 miles e. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. 8.OTHER b. Number 9 Steel monopole dolphins for fleetina area d. Description of buoy (color, Inscription, size, anchor, etc.) N/A b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW NWL 2.0 it ❑This section not applicable a. Give complete description: Barges 1-7 as identified on the plan are the primary barge tie-up locations. The barge locations identified as 9-13 are for emergency use, and may be utilized during hurricane or other major storm events for safe temporary storage. Barge 8 will be located adjacent to the proposed 40' x 300' concrete working platform. This is the loading and unloading barge location, and short term tug tie-up area (4 tug tie-up locations identified). ia�aots Date S�QVenJ low'r� C.hovG.n �;ver �a�;l`t�ti Project Name .S"iO_V S 10 W kn_9 C-0 Applicant Name Applicant Signature - RECEIVED DEC 112015 y OCT 21 2pCM- It,RHD CITY ui v 1 o N Q � w � U � W o 1 � o t t SCALE 1:96000 0 10000 ---_.- 20000 FEET CHOWAN RIVER CORE SAMPLE RESULTS RECEIVED DEC 11 2015 DCM- MHD CITY Environmental Chemists, Inc. envirochem 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392A424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax sM 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.3475843 Lab/Fax ANALYTICAL & CONSULTING CHEMISTS info@environmentalcheniists.com Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15065 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report#: 2015-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23457 Site: CR-1 7/31/2015 9:00 AM Solid/Sludge Client Test Arsenic Barium Cadmium Chromium Lead Selenium Silver Total Solids N Mercury Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 0 W 7 c v ry W-� U Ww 0 W. Method Results Date EPA 200.7 0.396 mg/kg 08/65/2015 EPA 200.7 2.64 mg/kg 08105/2015 EPA 200.7 <0.199mg/kg 08/05/2015 EPA 200.7 0.656mg/kg 08/05/2015 EPA 200.7 1.20 mg/kg 08/05/2015 EPA 200.7 <0.199 mg/kg 08/05/2015 EPA 200.7 <0.199mg/kg 08/05/2015 SM 2540 B 75.6 % 08/0312015 SW84674718 <0.0187mg/kg 08110/2015 SW846 Method 8082A <0.05 mg/kg 08/10/2015 SW846 Method 8082A <0.05 mg/kg 08/10/2015 SW846 Method 8082A <0.05 mg/kg 08/10/2015 SW846 Method 8092A <0.05 mg/kg 08/10/2016 SW846 Method 8082A <0.05 mg/kg 08/10/2015 SW846 Method 8082A <0.05 mg/kg 08/10/2015 SW846 Method 80VA <0.05 mg/kg 08110/2015 Repodr.': 2016.09959 Page 13 of 66 Environmental Chemists, Inc. envirochem ANALYTICAL & CONSULTING CHEMISTS 6602 Windmill Way, Wilmington, NC 28405 - 910.392.0223 Lab - 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 - 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 - 910.347.5843 Lab/Fax info@environmentalchemistscom Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15055 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report#: 2015-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23458 Site: CR-2 7/31/2015 9:20 AM Solid/Sludge Client Test Method Results Date Arsenic EPA200.7 <0.198mglkg 08/05/2015 Barium EPA200.7 1.72 mg/kg 08/05/2015 Cadmium EPA200.7 <0.198mg/kg 08/05/2016 Chromium EPA200.7 0.400mg/kg 08/05/2015 Lead EPA 200.7 0.699 mg/kg 08105/2015 Selenium EPA200.7 <0.198mg/kg 08/05/2015 Silver EPA200.7 <0.198mg/kg 08/05/2015 Total Solids N SM 254 B 77.7 % 08/03/2015 Mercury SWB467471B <0.0206mg/kg 08110/2015 Aroclor 1016 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1221 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor1232 SW846 Method 8082A <0.05mg/kg 08110/2015 Aroclor 1242 SW046 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1248 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1254 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1260 SW846 Method 8082A <0.05 mg/kg 08/10/2015 RECENED DEC 11 w5 pCM6 %,,Hp CITY Report#:: 201 &09959 Page 14 of ee Environmental Chemists, Inc. envirochem6602 Windmill Way, Wilmington, NC 28405 • 910.392,0223 Lab • 910.392.4424 Fax 4 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax sM 255-A Wiln»ngton Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax ANALYTICAL & CONSULTING CHEMISTS info@environmentalchemists.com Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15055 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report M 2015-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23459 Site: CR-3 7/31/2015 9:30 AM Solid/Sludge Client Test Method Results Date Analyzed Arsenic EPA200.7 0.313mg/kg 08/05/2015 Barium EPA200.7 2.63 mg/kg 08/0512015 Cadmium EPA200.7 <0.198mg/kg 08/05/2015 Chromium EPA200.7 0.499mg/kg 08105/2015 Lead EPA200.7 0.919mg/kg 08/05/2015 Selenium EPA200.7 <0.198mg/kg 08/05/2015 Silver EPA200.7 <0.198mg/kg 08/05/2015 Total Solids (%) SM 2540 B 80.0 % 08/03/2015 Mercury SW8467471B <0.0204mg/kg 08/10/2015 Aroclor 1016 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1221 SW846 Method 6082A <0.05 mg/kg 08/10/2015 Aroclor 1232 SW846 Method 8082A <0.05 mg/kg 08/1012015 Aroclor 1242 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1248 SW846 Method 8082A <0.05 mg/kg 08/1012015 Aroclor 1254 SW846 Method 80M <0.05 mg/kg 08/10/2015 Aroclor 1260 SW846 Method 8082A <0.05 mg/kg 08110/2015 OCT 2 1 0 UJ 7 .-y UJ r Ul U Reportk! 2015-09959 Page 15 of 66 Environmental Chemists, Inc. !7:viroehem 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax sM 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax ANALYTICAL & CONSULTING CHEMISTS infoQenvironmentalchemismoom Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15055 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report #: 2016-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23460 Site: CR-4 7/31/2016 9:40 AM Solid/Sludge Client Test Method Results Date Analyzed Arsenic EPA20o.7 0.463mg/kg 08/05/2015 Barium EPA200.7 2.39mg/kg 08/0512015 Cadmium EPA200.7 <0.196mg/kg 08/05/2015 Chromium EPA200.7 0.561 mg/kg 08/05/2016 Lead EPA 200.7 0.878 mg/kg 08/0512015 Selenium EPA200.7 <0.196mg/kg 08/05/2015 Silver EPA200.7 <0.196mg/kg 08/0512015 Total Solids M SM 2540 B 79.7 % 08/03/2015 Mercury SW84674713 <0.0204mg/kg 08/10/2015 Aroclor 1016 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1221 SW846 Method 8082A <0.05 mg/kg 08110/2015 Aroclor 1232 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1242 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1248 SW846 Method 8082A <0.05 mg/kg 08/10/2016 Aroclor 1254 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1260 SW846 Method 8082A <0.05 mg/kg 08/1012015 . RECEIVED DEC 11 2015 DCM- rVHD CITY Report k 2016.09969 Page 16 of 88 Environmental Chemists, Inc. un envirochem 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax ® 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wihmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax ANALYTICAL & CONSULTING CHEMISTS info@cnvironmentalchemists.com Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15055 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report#: 2015-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23461 Site: CR-5 7/31/2015 9:50 AM Solid/Sludge Client Test Method Results Date Analyzed Arsenic EPA200.7 <0.199mg/kg 08105/2016 Barium EPA200.7 4.72mg/kg 08/05/2015 Cadmium EPA200.7 <0.199mg/kg 08/06/2015 Chromium EPA200.7 0.647mg/kg 08/05/2016 Lead EPA200.7 1.04 mg/kg 08/05/2015 Selenium EPA200.7 <0.199mg/kg 08/05/2015 Silver EPA200.7 <0.199mg/kg 08/05/2015 Total Solids (%) SM 2540 B 76.4 % 08/03/2015 Mercury SW8467471B <0.0190mg/kg 08110/2016 Aroclor 1016 SW846 Method 8082A <0.05 mg/kg 08/1012015 Aroclor 1221 Sw646 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1232 SW846 Method 8082A <0.05 mg/kg 08110/2016 Aroclor 1242 SW846 Method 8082A <0.05 mg/kg 08/10/2016 Aroclor 1248 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1254 SW846 Method 8082A <0.05 mg/kg 08/10/2015 Aroclor 1260 SW846 Method 8082A <0.05 mg/kg 08/10/2015 W = U N 7 0 � W U L11 0 � 0 Report#:: 2015.09959 Page 17 of 66 Environmental Chemists, Inc. "6 envirochem 6602 Windmill Way, Wilmington, NC 28405 • 910,392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax sg 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax him — ANALYTICAL & CONSULTING CHEMISTS info@environmentalchemists.com Quible & Associates Date of Report: Sep 02, 2015 PO Box 870 Customer PO #: P15055 Kitty Hawk NC 27946 Customer ID: 08100100 Attention: Warren Eadus Report#: 2015-09959 Project ID: United Piece Dye Works Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-23462 Site: CR-6 7/31/2015 10:00 AM Solid/Sludge Client Test Arsenic Barium Cadmium Chromium Lead Selenium Silver Total Solids (% Mercury Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Lab ID Sample ID: 15-23463 Site:B-7 Test Total Solids (%) DRO GRO Method EPA 200.7 EPA 200.7 EPA 200.7 EPA 200.7 EPA 200.7 EPA 200.7 EPA 200.7 SM 2540 B SW846 7471 B SW846 Method 8082A SW846 Method 8082A SW846 Method 8062A SW846 Method 8082A SW846 Method 8082A SW846 Method 8082A SW846 Method 8082A Collect DatelTime 7/31/2015 10:40 AM Method SM 2540 B SW846 Method 8015C SW846 Method 8015C Results <0.200 mglkg 3.94 mg/kg <0.200 mg/kg 0.565 mg/kg 0.792 mg/kg <0.200 mg/kg <0.200 mg/kg 78.1 % <0.0187 mg/kg <0.05 mg/kg <0.05 mg/kg <0.05 mg/kg <0.05 mg/kg <0.05 mg/kg <0.05 mg/kg <0.05 mg/kg Date Matrix Sampled by Solid/Sludge Client Results 89.8 % 48.6 mglkq <3.68 mglkg RECEIVE DEC 1 1 2015 08/05/2015 08/05/2015 08/05/2015 08/05/2015 08/05/2015 08/05/2015 08105/2015 08/03/2015 08/10/2015 08/10/2015 08/10/2015 08/10/2015 08/10/2015 08/10/2015 08/10/2015 08/10/2015 Date 08/03/2015 08/05/2015 08/25/2014 117) MTY Report *: 2015-09959 Page 18 of 66 `y 7 v SITE PHOTOGRAPHS Photographs Former Building Concrete Pad Water intake structure at the end of the pier Warehouse View of Pier (looking south) Chowan River shoreline at the Site looking north Impervious Area On -Site 1 RECENED DEC 11 2015 ra-F.r, .^Urt nETV ul DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Stevens Towing Chowan River Facility 2. LOCATION OF PROJECT SITE: A 57.7 acre tract located at the end of State Road 1220, more specifically 125 Dye Plant Road, along the Chowan River, in Chowan County, North Carolina. Photo Index: 2006: 146-689 J-R14-17 2000:146-1866 J-R14-161995:146-1545 J-116-101989: Not Available 1986: Not Available 1979:118-502 J-P4-7 State Plane Coordinates: X: 2707710.03ft Y: 553887.91ft 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: August 6, 2015 and November 20, 2015 Was Applicant Present: Yes, in August 5. PROCESSING PROCEDURE: Application Received Complete: November 25, 2015 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Chowan LUP Land Classification: Industrial (B) AEC(s) Involved: EW, ES, & PTA (C) Water Dependent: Yes (D) Intended Use: Barge Landing Facility (E) Wastewater Treatment: Existing: Planned: (F) Type of Structures: Existing: 7. Planned: Multiple Failed Septic Systems New Septic system Two large metal buildings, guard house, concrete foundations from demolished buildings, pump house, steel sheet pile groins, and an 800' concrete pier. Barge ramp, maintenance bay with rollback roof, shore side dock, office, and 9 mooring steel pilings or dolphins. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: DREDGED FILLED & PT 378,350sf Barge Ramp:16,400sf Bulkhead:1,293sf (A) Shallow Water Bottom: EW Access Dive/Road:1,400sf (B) High Ground: ES Barge Ramp/Bay: 6,000sf Platform/Dock:12,000sf Riprap:1,800sf (C) High Ground Landward of an AEC: --- Barge Ramp/Bay: 200sf Access Road:1,400sf Spoil Retention Area: 374,616sf Office: 2,800sf Infiltration Basing: 600sf (D) Total Area Disturbed in an AEC: 417,243sf or 9.57ac RECEIVED (E) Total Area Disturbed: 796,859sf or 18.29 ac (F) Primary Nursery Area: No DEC 11 2015 (G) Water Classification: B Open: No f,C�M- MHD CITY 8. PROJECT SUMMARY: Repurposing of the United Piece Dye Plant industrial si e o a barge landing facility on the Chowan River. Development will include dredging 378,350sf (8.68 acres) of water bottom to a depth of -12', the placement of 9 barge be pilings along an existing 837' pier, 300' of bulkheading adjacent to a 40' x 300' concrete shore side dock, a large 80' x 205' concrete ramp to remove barges to a single bay with a rollback roof system for cleaning and repairing barges. An 8.6 acre dredge spoil pond in an upland site on the property -700' from normal water level. Stevens Towing Chowan River Facility Field Investigation Report Page 2 The existing buildings on the property will continue to be used as grain storage facility with future plans to transport grain from the site. Existing concreted areas adjacent to the river will be resurfaced. And a new office will be constructed on the north side of the property -470' water ward of normal water level. Proiect Setting The project site is located along the Chowan River in Chowan County at the end of Dye Plant Road (SR1220), more specifically 125 Dye Plant Road. The current owner, Edenton River, LLC, has contracted to sell the property to the applicant Stevens Towing. The property is currently zoned 1-2 (Heavy Industrial) and is the site of the former United Piece Dye Plant that was in operation from 1964 until 2002, Upon closure several of the existing structures on the site were dismantled, leaving the concrete slabs and foundations. Structures that remain on and adjacent to the property include the shell of two large metal buildings (used for grain storage), a dilapidated guard shack, storage tanks, concrete pads, and various asphalt and gravel roads, a dilapidated pump house adjacent to and over the river, and a pier structure 870' in length (837' overwater and 33' over high ground), and a water intake structure at the end of the pier. Located -90' north of the pier along the water bottom is a section of a pipe was from a waste water discharge system that was removed around 2007. The remaining pipe is now partially covered with sediment. The property is a -48 acres tract located in a rural setting in Rocky Hock that is primarily an agricultural and residential community. Located on the west side of the property is the Chowan River, all others sides have residential uses and vacant wooded tracts. There is an access road on the property that runs along the southern and eastern sides of the property that provides access to the adjacent riparian property to the south. Vegetation on the property includes, but is not limited to, a variety of grasses, loblolly pine (Pinus taeda), bald cypress (Taxodium distichum), sweetgum (Liquidambarstyraciflue), greenbrier (Smilaxrotundffolia), groundsel tree (Bacchans halimifolia), carolina jasmine (Gelsemium sempervirens), cat brier (Smilax rotundifolia), poison ivy (Toxicodendron radicans), and pennywort (Centella asiatica). There are no known wetlands on or adjacent to the project area. The elevation of the property is between Tat the shoreline to 37' on the eastern property line. A small area of the property along the shorelines low contours falls within the AE Flood Zone, with the remainder of the property falls outside of a designated Flood Zone. The soils on the property are primarily Wando fine sand that drains well, gently sloping and formed from fluvial deposition. Water depths along the property begin at -2' at the shoreline, -3' offshore at a distance of 50', -Tat a distance of 700', and 12' at a distance of 850'. Submerged vegetation found within the project area is the invasive species hydrilla (Hydrilla verticillata). Chowan County, Bartle County and NC Sea Grant are working cooperatively to find ways to control hydrilla growth in the Chowan River. Waters of the Chowan River are classified as B;NSW: Primary Recreation, Fresh Water and Nutrient Sensitive Waters. The Chowan River from the US 17 Bridge to the Virginia line is classified as Joint Waters by the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. In July of this year the consultant, Quible & Associates, P. C., took six core samples of the water bottom between 100' and 520' from normal water level (NWL). The core site are marked on the enclosed site drawing. Each sample was checked for the presence of Arsenic, Barium, Cadmium, Chromium, Lead, Selenium, Silver, and Mercury. Core sample results for each site are in the application packet. 44 Stevens Towing Chowan River Facility Field Investigation Report Page 3 Development Proposal The applicant, Stevens Towing is proposing to repurpose the old "Dye Plant" site on the Chowan River fora barge fleeting area, maintenance site and loading terminal. Stevens Towing is based out of Yonges Island, South Carolina and currently engaged in a long term contract with Nucor Plate Mill, transporting "direct reduced iron" (DRI), also called "sponge iron" from the Port of Morehead City to Nucor's Cofleld Plant in Hertford County. Steven Towing is also looking at future uses that may include barging grain and as a loading and unloading area for NCDOT Bridge projects. Prior to using the site the river will have to be deepened to -12 to accommodate large hopper barges and tugs. The project would facilitate the mooring of up to thirteen barges at the site with two on the north side of an existing 837' pier,10 on the south side of the pier and one at a proposed shore side loading dock. In the absence of a barge at the shore side dock, up to four tugs could be moored perpendicular to the dock. The applicant would like to construct a 205' long ramp south of the pier to pull barges into a maintenance bay. This would be enabled by the use 4.5' to 5.5' diameter airbag rollers and a cable winch system. Once in the bay the barge will be placed on blocks. A flexible bay enclosure (on a roller system) will be used to enclose the work area as needed to clean and repair the barges. A water tight gate will be installed at the waterward end of the bay to prevent effluent from draining into the river. In addition, a 4,000 psi jet vacuum system will be used to remove and recycle the water and contain the sand from the sand blasting process. Solids from the process will be collected and stored in a tank for removal to an off -site landfill. Wash down water from the process will be diverted to an infiltration basin adjacent to the bay. A. The following development is proposed within the Division of Coastal Management's Public Trust Area (30' Buffer) and Public Trust and Estuarine Water Areas of Environmental Concern (AEC): 1) Hydraulic Dredging Dredging is proposed on the south side of the existing pie beginning at normal water and terminating at a distance of 805' offshore. All dredging will be >250' from the nearest riparian property to the south. RECEIVED Area = 805' x 470' = 378,350sf or 8.69 Average Depth of Dredge = -7' DEC 11 2015 Cubic Yards of Spoil = 98,OOOcubic yards DCM- MHD CITY 2) Bulkhead: The applicant proposes to construct a 300' long bulkhead using corrugated steel sheet piles with 40' and 57' return walls. The 300' section of bulkhead will be adjacent to a 40' x 300' concrete loading dock. Length = 300' Maximum Distance Waterward of NWL =10' Average Distance Waterward of NWL = 5' Area of Shallow Water Bottom Fill =-1,239sf (Slight reduction in area due to the corrugated sheet piles) 3) Working Platform/Loading Dock: Located immediately landward of the bulkhead is a proposed 40' x 300' concrete loading dock. Fill in 30' Buffer = 9,OOOsf Fill within 75' AEC=12,OOOsf High Ground (concrete) Fill=12,OOOsf Total 0 Stevens Towing Chowan River Facility Field Investigation Report Page 4 4) Gravel Drive to Platform: Gravel road 40' 70' proposed to access the loading dock/platform by heavy equipment on the north side. FilGwithin 75' AEC , _ 1,400sf High Ground Fill = 2,800sfTotal 5) Barge Ramp: An 80' x 205' concrete ramp is proposed on the south side of the loading dock. The ramp will allow for the removal and maintenance of barges. Prior to any dredging, steel sheet piles will be installed around an 80' x 205' section of water bottom adjacent to the shoreline to form a coffer dam around the proposed ramp. The sheet piles will extend above NWL to allow for the placement of concrete. Once the concrete has cured the steel sheet piles will be cut flush with the top of the ramp and removed. Shallow Bottom.Fill of 80' x 206 =16 400sf. The ramp will extend from NWL through the 30' Buffer (30' x 80') and the 75' AEC to a proposed maintenance bay that will be constructed over an existing concrete slab. in 6) RtM: Located on the south side of the ramp granite riprap is proposed along 50' to 70' (60' average) of shoreline and extending landward for 30' to protect the southern side of the ramp from erosion. High Ground`Fill/Riprap within.the,•30'.B ffer = 30__;_x 60'„= 9 & sf 7) Mooring Pilings: Nine steel mono -pole or nine dolphins, are proposed to tie off barges. B. Proposed high ground development landward of the Division of Coastal Management's Area of Environmental Concern (AEC) includes the following: 1) Spoil Retention Pond: The retention pond will be located -700' landward of NWL on the east side of the property. The influent pipe will be located -600' from the effluent (outlet) pipe. The effluent pipe will be located on the west side of the retention pond a with a flash board riser to control outflow. The footprint of the retention pond is 8.6 acres including the berm. The berm around the pond will be constructed from dirt excavated onsite and creating an interior depth of -10' from the top of the berm and a 62.5' wide base at grade. A freeboard of 2'will be maintained leaving a fill depth of 8'. The proposed pond will be constructed adjacent to a 20' access easement for the riparian property to the south. The berm will constructed up to the edge of the access easement along -430'. Holding capacity of the spoil pond =-132,193cy Retention PondL cluding Constructed: Berms = 374;616sf 2) Repurposing old concrete slab from the United Piece Dye Plant building by resurfacing for a work area equi menp t storage. 3) Construction of small;office building !, 8800sf (according to the plans), 470' landward of NWL, with a new septic system. 4) The construction of an infiltration basin 120' waterward of NWL, on the south side of the maintenance bay. Basm withProtective Bermes='60'x 100' =;600s Stevens Towing Chowan River Facility Field Investigation Report Pages Anticipated Impacts 1) Temporary loss of 378,350sf (8.69ac) of water bottom habitat from dredging. 2) Temporary increased turbidity during construction. 3) Loss of-17,693sf of shallow water bottom habitat from fill associated with the construction of the ramp and bulkhead. 4) Loss of invasive submerged aquatic vegetation, hydrilla. 5) Possible redistribution of some hydrilla during dredging. 6) Increased wave action within the vicinity of the proposed mooring facility and erosion of nearby shorelines. 7) Net decrease of impervious surface on the property in question. 8) Impervious lot cover within the 75' AEC is-26.5%. 9) Net increase of impervious surface within the 30' Buffer by 11,400sf not including 1,800 of riprap). 10) Revitalization of an abandoned industrial property. 11) Increased traffic on the Chowan River by barges and tugs. 12) Increased chance of secondary impacts from fuel and oil spills. Submitted by: Lynn Mathis Date: December 4, 2015 RECEIVED DEC 11 2015 DCM- MHD CY Coastal Management ENVIRONMENTAL QUALITY January 28, 2016 Stevens Towing Co. 401 East Church Street Edenton, N.C. 27932 Dear Sir or Madam: PAT MCCRORY Govemar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimclor The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that.he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T v,L,ivt %-ooramator: Permit IF: ,S►&15 MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City A US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Cminbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) Joey White (WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ken Pace DMF/ Patti Fowler Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Pernritee Agent #:_ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Stevens Towing Co. County: Chowan LOCATION OF PROJECT: United Piece Dye Plant industrial site located at 125 Dye Plant Road, Edenton DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 11/25/15 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD SPECIALIST: Lynn W. Mathis DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 475 (60/40%) PUBLIC NOTICE REC'D: Advertise: 12/16/15 END OF NOTICE DATE: Comments due: 01/05/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: 4fZS ON: C) 75 DAY DEADLINE: 02/08/16', 150 DAY DEADLINE: 4/23llu MAIL OUT DATE: Circulation: 12/ /15e/L/y) STATE DUE DATE: Comments due: 12/24/15 i/Zbb) FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative (ZIG'K K, e JS' Coastal Management - LUP Consistency IZ Z X Division of Community Assistance / Land Quality Section—DEMLR ZL1 Le DWR/DWQ— Aquifer Protection 1g(, DWR/DWQ - Storm Water DWR— PublicWaterSupply �Z S State Property Office Z Z X Division of Archives & History —Cultural Res. Z X Division of Env. Health —Shellfish Sanitation S x Division of Highways --DOT 7j (� Wildlife Resources Commission i1 vt x lNr�—imamZ Local Permit Office/Planning Dept. 1/1 hro Z'L DMF—DCM Fisheries Resource Specialist Z� 60 Corps of Engineers x j(fr� P �1VJ �302 (a13 401 VY x PS-Izto t1r% 113 NPAT MCCRORY Govnrno, " DONALD R. VAN DER VAART Environmental 'S"Mtary Quality MEMORANDUM TO: Courtney Spear, Assistant Major Permit Coordinator THROUGH: Frank Jennings, District Manager FROM: Lynn Mathis, Field Specialist DATE: December 2, 2015 SUBJECT: Stevens Towing: Chowan River Facility The applicants are proposing to repurpose the United Piece Dye Plant industrial site to a barge landing facility on the Chowan River, in Chowan County. Development will include dredging 378,350sf (8.68 acres) of water bottom to a depth of -12', the placement of 9 barge tie pilings along an existing 837' pier, 300' of buikheading adjacent to a 40' x 300' concrete shore side dock, a large 80' x 205' concrete ramp to remove barges to a single bay with a rollback roof system for cleaning and repairing barges. An 8.6 acre dredge spoil pond in an upland site on the property -700' from normal water level. The existing buildings on the property will continue to be used as grain storage facility with future plans to transport grain from the site. Existing concreted areas adjacent to the river will be resurfaced, and a new office will be constructed on the north side of the property ~470' water ward of normal water level. I have reviewed the rules as they pertain to marinas, piers and docks and would like to offer the following: 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (3) When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits outweigh the long range adverse effects of the project, that there is no reasonable alternate site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and shall be implemented at the applicant's expense. Comment: The proposal is not in conflict with the general or specific use standards. 15 NCAC 071-1.0208 Use Standards (b)Special Use Standards (1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this Subchapter. Navigation channels, canals and boat basins shall also comply with the following standards: (A) Navigation channels and canals may be allowed through fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and if there is no reasonable alternative that would avoid the wetland losses; Consistent: NIA IRF-Nothing Compares-- ^'IVED State of North Carolina I Environmental Quality pr- DEC 11 2015 1367 US Hwy 17 South I Elizabeth City, NC 27909 25al Opportunity 1252 alive A723 [fax] lk- M H D CITY An Equal Opportunity 1 Affirmative Action Employer x Stevens Towing: Chowan River Facility Recommendations Page 2 (B) All dredged material shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or coastal wetlands; Consistent: All spoil will be placed in an upland retention pond to dewater and be relocated (C) Dredged material from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long-term wetland impacts. Under no circumstances shall dredged material be placed on regularly flooded wetlands. New dredged material disposal areas shall not be located in the buffer area as outlined in 15A NCAC 07H .0209(d)(10); Consistent: All spoil will be placed in an upland retention pond to dewater and be relocated. (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; Consistent: Basin opening — 400' wide. (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; Consistent: Maximum depth will match and existing connecting depth. (G) Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right angle corners; Consistent: NIA — no canals proposed. (H) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soil characteristics; and, Consistent: NIA— no canals proposed. (1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; Consistent: Need has been demonstrated and use is water dependent. (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a } human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; LU V Consistent: Basin excavation no channel requested. 51, o 0 (iii) Excavated material can be removed and placed in a disposal area in accordance with Part LU _ (b)(1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and LU w Consistent: Spoil will be placed •700' waterward of NWL in a high ground location. (iv) The original depth and width of a human -made or natural channel shall not be V increased to allow a new or expanded use of the channel. This Part does not affect 0 restrictions placed on permits issued after March 1, 1991. NIA Stevens Towing: Chowan River Facility J Recommendations Page 3 (2) Hydraulic Dredging (A) The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude erosion of the containment dike and a maximum distance from spillways to allow settlement of suspended solids; Consistent: Influent pipe will be placed 50' from the bottom edge of the constructed berm and 600' from the effluent pipe. (B) Dredged material shall be either confined on high ground by retaining structures or deposited on beaches for purposes of renourishment, if the material is suitable in accordance with the rules in this Subchapter except as provided in Part (G) of this Subparagraph; Consistent: Spoil will be placed in a retention pond 700' from NWL (C) Confinement of excavated materials shall be landward of all coastal wetlands and shall employ soil stabilization measures to prevent entry of sediments into the adjacent water bodies or coastal wetlands; Consistent: Excavated material will be placed in a retention area with a base width of 62.5' (D) Effluent from diked areas receiving disposal from hydraulic dredging operations shall be contained by pipe, trough, or similar device to a point waterward of emergent vegetation or, where local conditions require, below normal low water or normal water level. Consistent: The spoil will be contained by pipe and place 700' landward of NWL (E) When possible, effluent from diked disposal areas shall be returned to the area being dredged; Consistent: Effluent will be returned to the area being dredged (F) A water control structure shall be installed at the intake end of the effluent pipe. Consistent: Flashboard riser will be e=employed (G) Publicly funded projects shall be considered by review agencies on a case -by -case basis with respect to dredging methods and dredged material disposal in accordance with Subparagraph (a)(3) of this Rule; and Consistent: Non-public funds (H) Dredged material from closed shellfish waters and effluent from diked disposal a ftEOe E IVE when dredging in closed shellfish waters shall be returned to the closed shellfish waters. Consistent: Not applicable DEC 11 2015 (5) Marinas shall comply with the following standards: nnC M (A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiR dMredgiM) HD CATY and shall not disturb shellfish resources, submerged aquatic vegetation as defined by the MFC, or wetland habitats, except for dredging necessary for access to high -ground sites. The following four alternatives for siting marinas are listed in order of preference for the least damaging alterative; marina projects shall be designed to have the highest of these four priorities that is deemed feasible by the permit letting agency: (i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing flushing by tidal or wind generated water circulation or basin design characteristics; (ii) an upland basin site requiring dredging for access when the necessary dredging and operation of the marina will not result in significant adverse impacts to existing fishery, shellfish, or wetland resources and the basin design shall provide flushing by tidal or wind generated water circulation; (iii) an open water site located outside a primary nursery area which utilizes piers or docks rather than channels or canals to reach deeper water; and (iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater than the depth of the connecting channel. Stevens Towing: Chowan River Facility Recommendations Page 4 Consistent: The proposed marina will be in open water with and existing pier to access deeper water (B) Marinas which require dredging shall not be located in primary nursery areas nor in areas which require dredging through primary nursery areas for access. Maintenance dredging in primary nursery areas for existing marinas shall comply with the standards set out in Part (b)(1)(1) of this Rule; Consistent: No PNA. (C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas shall be used where feasible; Consistent: This would not be a feasible alternative for a barge facility (D) Marinas to be developed in waters subject to public trust rights (other than those created by dredging upland basins or canals) for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one linear foot of shoreline adjacent to these public trust areas for construction of docks and mooring facilities. The 27 square feet allocation does not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces; Consistent: Not Applicable (E) To protect water quality in shellfishing areas, marinas shall not be located within areas where shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if shellfish harvest closure is anticipated to result from the location of the marina. Consistent: No shell fishing in or near the project area. (F) Marinas shall not be located without written consent from the leaseholders or owners of submerged lands that have been leased from the state or deeded by the state; Consistent: No known leasehold in or near the project area. (G) Marina basins shall be designed to promote flushing through the following design criteria: Consistent: Open water location. (H) Marinas shall be designed so that the capability of the waters to be used for navigation or for other public trust rights in estuarine or public trust waters are not jeopardized while allowing the applicant access to deep waters; Consistent: Navigation will not be jeopardized near the project area. It would not be recommended that the area immediately around the site be used for recreational purposes while in operation. (1) Marinas shall be located and constructed so as to avoid adverse impacts on navigation throughout all federally maintained channels and their boundaries as designated by the US Army Corps of Engineers. Consistent: Project site is not within or near a federally maintained channel. (J) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality; Consistent: Project does not include a breakwater. (K Marinas which require dredging shall provide areas in accordance with Part (b)(1)(B) of this !"3 Rule to accommodate disposal needs for future maintenance dredging, including the ability to a f , U remove the dredged material from the marina site; N t7 Consistent: The dredge spoil retention area will be open for future use _ (L) Marina design shall comply with all applicable EMC requirements for management of stormwater runoff. Stormwater management systems shall not be located within the 30-foot W o , buffer area outlined in 15A NCAC 07H .0209(d); Consistent: Stormwater retention pond proposed outside of the 30 buffer. ID Q W Stevens Towing: Chowan River Facility Recommendations Page 5 (M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and listing the availability of local pump -out services; Consistent: Not for public use. Tugs will be serviced by a pump and haul truck (N) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done over dry land with collection and containment devices that prevent entry of waste materials into adjacent waters; Consistent: A service bay with a movable enclosure and vacuum system will be used to collect and contain waste (0) All marinas shall comply with all applicable standards for docks and piers, shoreline stabilization, dredging and dredged material disposal of this Rule; Consistent: Each category is addressed (P) All applications for marinas shall be reviewed by the Division of Coastal Management to determine their potential impact to coastal resources and compliance with applicable standards of this Rule. Such review shall also consider the cumulative impacts of marina development in accordance with G.S. 11 3A-1 20(a)(1 0); and, Consistent: wl G.S.113A-120(a)(10) (Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided that the development complies with the standards for marina development within this Section. Consistent: New marina, not replacement. (6) Piers and Docking Facilities: (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; Consistent: Existing (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only } if the greater dimensions are necessary for safe use, to improve public access, or to support a 0 water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; W U Consistent: Not Applicable > 0 0 (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom W U of the decking; Consistent: Not Applicable L o U (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls Q and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: Not Applicable (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: Not Applicable (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Stevens Towing: Chowan River Facility Recommendations Page 6 Consistent: Not Applicable (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: Existing pier (i) not extending into the channel portion of the water body; and, Consistent: Existing pier (iii) not extending more than one-fourth the width of a natural water body, or human made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one- third the width of the water body. Consistent: Existing pier (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: Existing. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: >15' from riparian lines. (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The site does not involve any shell fishing franchise. (7) Bulkheads: (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; Consistent: Bulkhead shall be an average of 5' waterward of NWL — see (D) below LLI ,E2 r3B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse 0 impacts to the resources; Consistent: Wetlands involved are non -coastal. V Z(C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of UJ ow t Z Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project Ix involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; Consistent: Applicant will obtain backfill from a high ground commercial source. Stevens Towing: Chowan River Facility Recommendations Page 7 (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Undocumented (ill) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent (ill) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and, Consistent (v) the property to be bulkheaded is in a non -oceanfront area. Consistent (E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads. Consistent: Given the commercial use and need for the bullheaded, gabions and sloping riprap would not be recommended. Boat Ramo: The need for an expanded boat ramp to service barges is documented as one of the purposes of the applicant's site. While not specifically addressed in the 07H .0208 Use Standards, it is generally accepted that any boat ramps greater than 15' wide and extending greater that 20' waterward of NWL is elevated to the major permit review process. The ramp will have two guide piles on either side of the ramp than will also mark the location of the ramp. The ramp will not interfere with the access to any riparian property and shall be greater than 15' from the adjacent property owners' areas of riparian access. Loadina Dock: 07H .0209 Coastal Shorelines (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal hiaq tuajeflev�I,,ED with the exception of the following: R C t t V (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; DEC 11 2015 07H .0208 USE STANDARDS (a) General Use Standards DCM- MHD CITY (1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches; Consistent: The loading dock is a water dependent use that is not limited by a lot coverage requirement within the 30' buffer and the total impervious cover within the 75' AEC is less than 27%. Stevens Towing: Chowan River Facility Recommendations Page 8 Based on this rule review I would like to recommend the following conditions: 1) Standard conditions for each category 2) Maintain reflectors on all nine mono -pole of dolphin tie pilings 3) Maintain warning signs on both guide piling at the barge ramp 0 LfJ ~ U 7 0 0 W _ � U � W o � U K-r-M. Coastal Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secmary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. X s �bEEi� zar+ SIGNE DATE RECEIVED DEC 21 2010 — �'NothingComparrn -, r, State of North Carolina I Environmental Quality I Coastal Management D C M - IV, y J D -. i , 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264.3723 [fax] PAT MCCRORY DONALD R. VAN DER VAART „I, BRAXTON DAVIS Coastal Management ENVIRONMENTAL O UALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coast�l Management FROM: Charlan Owen( 1CP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Stevens Towing Co. to dredge a 470 foot by 805 foot area to an average depth of -7 feet and install nine (9) steel monopole or dolphin mooring pilings, 300 linear feet of corrugated steel sheet pile bulkhead with 47 foot and 57 foot long return walls, an 80 foot by 205 foot concrete maintenance ramp, and 50 to 70 linear feet of granite riprap extending 30 feet from the shoreline on the Chowan River, and; install a 40 foot by 300 foot concrete working platform/loading dock, a 40 wide by 70 foot long gravel drive, an 8.6 acre spoil retention pond, an approximately 2,800 sq. ft. office building with associated septic system, an 80 foot by 320 foot maintenance bay, and a 600 sq. ft. infiltration basin, and resurface concrete areas; on the property located at 125 Dye Plant Road, in Chowan County. DATE: December 17, 2015 Consistency Determination: The request is consistent with/not in conflict with the Chowan County/Town of Edenton 2008 Core Land Use Plan certified by the CRC on July 24, 2008. Overview: The 47.78 acre subject property has approximately 1,138 linear feet of shoreline along the Chowan River. Water depths range from -2 feet at the shoreline to -3 feet a distance of 50 feet offshore, -7 feet 700 feet offshore and -12 feet 850 feet offshore. Hydrilla (hydrilla verticillata), an invasive species of Submerged Aquatic Vegetation (SAV), is located adjacent to the subject property. Property elevations range from 3 feet at the shoreline to 37 feet at the eastern property line. The site is primarily vegetated with lawn grasses, with trees located along the shoreline and eastern and southern property boundaries. The property contains AE Floodzone areas along the shoreline, but is mostly outside of the Floodzone. The property is zoned 1-2 (Heavy Industrial) and is the former site of a textile dye plant that closed in 2002. Existing site improvements consist of two (2) large metal shell buildings, a dilapidated guard shack, storage tanks, concrete pads and foundations, multiple failed septic systems and asphalt and gravel roads. A roadway running along the eastern and southern property lines provides access to the adjacent riparian property. Existing shoreline improvements include a dilapidated pump house adjacent to and over the river and an 870 foot long pier with a water intake structure at the terminus. RECEIVE® DEC 21 2015 Nothing Compares MHO, ��'�Y State of North Carolina Environmental Quality Coastal Management DCM- 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 �j North Carolina Department of Environmental Quality Division of Coastal Management A barge port consisting of a fleeting area, maintenance site The barge port facility is intended to be a loading/unloading utilized in the area, including grain and bridge construction MEMORANDUM Page 2 of 7 and loading terminal is proposed. area for materials produced and materials, and to service barges transporting iron products to Nucor Steel's plate mill in Hertford County. Dredging of a 470 foot by 805 foot area to an average depth of -7 feet and installation of nine (9) steel monopole or dolphin mooring pilings, 300 linear feet of corrugated steel sheet pile bulkhead with 47 foot and 57 foot long return walls, an 80 foot by 205 foot concrete maintenance ramp, and 50 to 70 linear feet of granite riprap extending 30 feet from the shoreline on the Chowan River, and; installation of a 40 foot by 300 foot concrete working platform/loading dock, a 40 wide by 70 foot long gravel drive, an 8.6 acre spoil retention pond, an approximately 2,800 sq. ft. office building with associated septic system, an 80 foot by 320 foot maintenance bay, and a 600 sq. ft. infiltration basin, and resurfacing of existing concrete areas on uplands are proposed. Dredging will occur south of the existing pier and will provide sufficient depths to accommodate ten (10) barge tie up areas, a mooring at the working plafform/loading dock, and the maintenance ramp. As indicated in the application, core samples of the dredge area came back negative with respect to PCB's and all metals. Approximately 98,000 cubic yards of material will be dredged. Two (2) additional tie up areas for empty barges will be located on the north side of the pier. Mooring pilings will be located on either side of the existing pier. The bulkhead will be located a maximum of 10 feet waterward of NWL and an average of 5 feet waterward of NWL. The maintenance ramp will be constructed utilizing an 80 foot by 205 foot sheet pile coffer dam. Once concrete for the ramp has cured within the dam, the sheet piles will be cut flush with the top of the ramp and removed. Riprap will extend 30 feet from the shoreline and is intended to protect the southern side of the maintenance ramp from erosion. The loading dock will be oriented parallel to the shoreline, south of the pier and just landward of the bulkhead. The gravel drive will provide access from the existing asphalt roadway to the platform/loading dock. The spoil retention pond will be located approximately 700 feet landward of NWL. A berm will be constructed around the pond from on -site excavation material, creating a 10 foot deep pond with 2 feet of freeboard and a fill depth of 8 feet. The berm will have a base width of 62.5 feet. An effluent pipe will allow water from the pond to discharge back to the river. The proposed septic system for the office will require approval by Albemarle Regional Health Services. The maintenance bay will be located on existing concrete slab and will provide a location for barge cleaning and repairs. Airbag rollers and a cable winch system will allow barges to be pulled from the maintenance ramp and into the maintenance bay. A water tight gate will prevent effluent from draining into the river. A jet vacuum system will be used to remove and recycle water and contain the sand from the sand blasting process. Solids will be collected and stored in a tank for removal to an off -site landfill and wash down water will be diverted to the infiltration basin. The infiltration basin will be located 120 feet waterward of NWL, south of the maintenance ramp. The waters of the Chowan River are classified as B:NSW and "Joint Waters" in this area and are closed to shellfish harvesting. A review of potential historic, cultural and archaeological resources was not provided. RECEIVED DEC 21 2015 " Nothing Compares r State of North Carolina I Environmental Quality I Coastal Management D C M— M H P p w I TY 1367 US Hwy 17 South I Elizabeth City, NC 27909 r r 7 f'.�.+ r,✓ i 252-264-3901 H North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 7 Anticipated Impacts resulting from this project are expected to include: the dredging of 8.69 acres of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC), and; the filling of .41 acre of Public Trust Area/Estuarine Waters AEC, .49 acre of High Ground within the Estuarine Shoreline AEC, and 8.71 acres of High Ground outside of an AEC. Basis for Determination: The Edenton/Chowan County Future Land Use Map identifies the project site as "Industrial". As indicated on Page 135, "...coastal wetlands, estuarine waters, estuarine shoreline, public trust areas, and 'Section 404' wetlands..." are considered to be part of the "Conservation/Open Space' designation. Industrial Classification. This designation is intended to delineate lands that can accommodate industrial and manufacturing establishments ... The County's goals and policies support the use of land in Industrial classified areas for a wide variety of manufacturing and heavy commercial services uses where adequate public utilities and roads are available or can be upgraded to support the intensity of development encouraged in this classification... Industrial -classified areas may include certain land uses which, due to their nature and characteristics, have potential adverse impacts on surrounding land use types. Consequently, the County's policy is to ensure the compatible location of industrial land uses and to require the necessary measures to mitigate any adverse impacts. Conservation/Open Space. This designation is intended to delineate areas where traditional land uses are not desirable or expected to develop. Commercial and industrial uses that are water dependent and which cannot function elsewhere or are supportive of commercial fishing are permissible uses in Conservation/Open Space -designated areas.... The County's goals and polices support the continued use of land in (this designation) for appropriate uses that are compatible with the fragile nature of the Conservation/Open Space areas. Definitions of key words are provided on page 115 of 233. These words include "Support: Supply the needed staff support, policies, and financial assistance at all levels to achieve the desired goal." The following LUP policies may also be applicable to this request: Land Use Compatibility Policies: Policy 64., Page 119. "Ensure that land use and development activities provide a balance between economic development needs and protection of natural resources and fragile environments." RECEIVED DEC 21 2015 `Nothing Compares pCM_ MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hv y 17 South I Elizabeth City, NC 27909 252-264-3901 C5 North Carolina Department of Environmental Quality Division of Coastal Management Policy B5., Page 119. "The Town and County support growth and development at the densities and intensities specified in the Future Land Use Map land classifications as delineated in Section 4.3 of this plan." Policy BB., Page 119. "Only commercial and industrial uses that are water dependent and which cannot function elsewhere or are supportive of commercial fishing will be allowed in conservation -classified areas. Examples of such uses would include but not necessarily be limited to commercial fishing and fish processing, marinas consistent with the policies of this plan, boat repair and construction facilities, any business dependent upon natural salt water as a resource, and restaurants that do not extend into or over estuarine waters and/or public trust waters. All uses must be consistent with established zoning." Policy B9., Page 119. "...Industrial development in the Chowan County jurisdiction shall use public water or sewer if available, or acceptable package treatment systems." Policy 1310., Page 119. "Industries which are noxious by reason of the emission of smoke, odor, dust, glare, noise, and vibrations, and those which deal primarily in hazardous products such as explosives, will not be permitted." Policy B11., Page 119. "...When reviewing proposals for new industrial development or industrial zoning, the Town and County will ensure that the proposals are compatible with surrounding land uses and that identified adverse impacts are mitigated." Policy B13., Page 119. "Coordinate all development activity with appropriate Regional Health Department and state regulatory personnel." Policy B15., Page 119. "Encourage land use proposals which will have no negative impact on historic, cultural and/or archaeological resources in the Town and County. These proposals shall be reviewed through the Section 106 review process as well as through the Historic Preservation Commission and the State Historic Preservation Office." �� Nothing Compares , State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 4 of 7 RECLiVED DEC 21 2015 DIM MHD CITY cy North Carolina Department of Environmental Quality Division of Coastal Management Infrastructure Carrying Capacity Policies: Policy Cl., Page 121. "Development within the Town and County shall only be approved where adequate public or approved private facilities and service are available, including water, sewage disposal, roads, etc." Natural Hazard Area Policies: Policy D1., Page 122. "Conserve the natural resources and fragile environments that provide protection from such natural hazards as floods and storm surges." Policy D2., Page 122. "Minimize the threat of life, property, and the natural resources that may result from land use and development within or adjacent to identified natural hazard areas." Policy D3., Page 122. "The Town and County will continue to coordinate all development within the special flood hazard area with the Planning and Inspections Department, NC Division of Coastal Management, FEMA, and the U. S. Corps of Engineers." Policy D5., Page 122. "It is the policy of Town of Edenton and Chowan County government to ensure that new development is protected from flood hazard through the administration of the flood damage prevention ordinances and continued participation in the National Flood Insurance Program." Policy D8., Page 123. MEMORANDUM Page 5 of 7 "Edenton and Chowan County shall maintain flood damage prevention requirements that (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage - and (5) Prevent or regulate the construction of flood barriers win RUVED DEC 21 2015 -''Nothing Compares - DCM_ MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management unnaturally divert floodwaters or which may increase flood hazards to other lands." Policy D9., Page 123. "Chowan County supports the CAMA development permit process for estuarine shoreline areas and the requisite development standards which encourage both shoreline stabilization and facilitation of proper drainage." Water Quality Policies: Policy E3., Page 123. "It is the policy of Chowan County and Edenton to coordinate the approval of local land development projects with applicable state agencies to ensure compliance with regulations to prevent or control nonpoint source discharges." Policy ES., Page 123. "Edenton and Chowan County shall maintain requirements that, to the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainageways shall remain undisturbed. All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. No surface water may be channeled or directed into sanitary sewer. Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or roads. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments." Policy ET, Pages 123 and 124. "Chowan County shall require that all impervious surfaces in new developments, except for roads, paths, and water -dependant structures, be located landward of all perennial and intermittent surface waters in accordance with locally adopted best management practices. Notwithstanding this Water Quality Policy #E7, the locations of impervious surfaces in new development shall be subject to the more or less stringent provisions of any applicable State law." Areas of Environmental Concern Policies: Policy F1., Page 124. MEMORANDUM 6 Page 6 of 7 "Chowan County and Edenton support state and federal law regarding land useRECEIVED and development in AECs." DEC 21 2015 �NothingCompares DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management Policy F2., Page 124. "Within AECs, the County will permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses include utility easements, docks, boat ramps, bulkheads, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy F3., Page 124. "The County and Town policy is to restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." Policy F4., Page 124. "It is the policy of Chowan County and the Town of Edenton to comment concerning the overall interests of residents on CAMA dredge and fill permits for projects which would be detrimental to rivers and wetlands." Policy F6., Page 125. "It is the policy of Chowan County and the Town of Edenton to ensure water dependent development activities such as marinas including upland marinas occur in compliance with local, state and federal regulations and to discourage non -water dependent uses especially floating home developments in public trust waters." Policy F8., Page 125. "When necessary, bulkhead installation should be conducted employing appropriate construction and resource protection techniques..." Policy F9., Page 125. "The Town and County shall require industries to use the best available technology to avoid pollution of air or water during both construction and operation of new industrial facilities." 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elisabeth City, NC 27909 252-264-3901 MEMORANDUM Page 7 of 7 RECEIVED DEC 21 20115 DCM- MHO: '. t 1 Coastal Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govemor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. L� s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEIT?� �� DATE /2 RECEIVED DEC 21 2015 -^'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M — M H D CITY 1367 US Hwy 17 South I EIvsbeth City, NC 27909 252-264.39011252-264-3723 [fez] is • i Coasta(Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM. TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Coremor DONALD R. VAN DER VAART Secretary IBRAXTON DAVIS ' lJirrc/ar Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached.,* 1,4 G�V lea.: 1 Ae:�,[d 14/1-L Ad rylkaaW A440.14"A KOM" ro,✓'aot ",0214d I&I-1 �4�Narns>JJ This agency objects to the project for reasons described in the attached comments. SIGNED /�/""� DATE�1�%6 -' -^Nothing Compares.,.. State of North Carolina I Fmfromuental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264.39011252-264.3725 [facl Kri Coastal Management ENVIRONMENTAL QUALITY PAT.MCCRORY Governor RECEIVED/NCDENR/dANALD R.'VAN DER VAART &vreraq DEC 10 2015 BRAXTON DAVIS Doreror Water Quality Regfonal erations December 9, 2015 Washhiing on Regional iorrice MEMORANDUM TO: Robert Tankard, Environmental Engineer s _ DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stevens Towing Co. Project Location: United Piece.Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to -include dredging, -placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate. below your:agency's position or viewpoint on the, proposed project and return this form by 12/30/15 to Courtnev'Spears. Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. d This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE l,Ll/l( -/ Nothing ComUares,�. State of Wait Cam ina I Environmental Quality I Coastal Management 1367 US H,vy 17 South I Elizabeth City, NC 27909 252-26439011252-264.3723 Ifa l j I 6ti 61 Spears, Courtney From: Dumpor, Samir_11 Sent: Thursday, January 21, 2016 10:45 AM To: Spears, Courtney; Edgerton, Thom; Peed, Richard Subject: RE: CAMA Major Permit App for Stevens Towing Co. Courtney, Yesterday, January 20, 20161 finally received a,Redevelopmeot ExcluMequest for this project from Quible & Associates. This project will remove some existing impervious area in order to achieve no net increase in impervious area coverage. This option was discussed during our meeting with the applicant. I will be exempting this project from Srmwater requirements, and we (the state stormwater program) will not have any comments on it. I will send you an o icial form summarizing my position today. Thanks Samir Samir Dumpor, PE Environmental Engineer @ivision of Energy, Mineral, and Land Resources Department of Environmental Quality 252-948-3959 office samir.dumoorAncdenr.gov 943 Washington Square Mall Washington, NC 27889 1C. Nothing Compares . �, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Thursday, January 21, 2016 10:28 AM To: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Edgerton, Thom <thom.edgerton@ncdenr.gov>; Peed, Richard <richa rd.peed @ ncdenr.gov> Subject: CAMA Major Permit App for Stevens Towing Co. Good morning, I am not sure exactly who is reviewing the LAMA Major App submitted by Stevens Towing Co. in Chowan County. They are proposing to re -purpose the United Piece Dye Plant Industrial Site. I have received comments from all state agencies, but am looking for comments from DEMLR Stormwater and Land Quality. If I have not contacted the correct individuals I would be most appreciative if you could point me in the right direction. . ti C9 Kind regards and stay warm! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtnev.spearsaa.ncdenr.aov 400 Commerce Avenue Morehead City, NC 28557 r. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. I A'h Water Resources ENVIRONMENTAL QUALITY V9 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director December 9, 2015 MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Stevens Towing Co. Project Location: United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED g';- DATE 12-14-2015 RECEIVED DEC 17 2015 DCM- MHD CITY State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481 1 Fax 252 948 0040 1 www.ncwat".org/pws/ I PAT MCCRORY Govemor '' DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY December 9, 2015 RECEIVED TO: Tim Walton, Manager DEC 10 2015 State Property Office DOA STATE PROPERTY FROM: Doug Huggett, Major Permits Coordinator OFFICE Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stevens Towing Co. Project Location: United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Shears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. / This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED L U�^� '^�— DATE /Z RECEIVED -'!'Nothing Compares DEC 2 S 2015 State of North Carolina I Environmental Quality I CoasW Management 1367 US Hwy 17 South I Uaabeth City, NC 27909 M H D CITY 252-264-3901 1252-264-3723 [fax] D C M- coastal Management EMV)i MINTAI QUA a TY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: i LU n DOTAT:-D R Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett, Major Permits Coordinator Division of Coastal Management PAT MCCRORY r 11.M VAN DER VAART VaIWYN BRAXTON DAVIS 1.tl 6r. (S' v . J CAMA/DREDOE & FILL Permit Application Review A ILL kl` j- k; Applicant: Stevens Towing Co. Project Location: United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 'Mis office Las no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNEDDATE Ti ~'fV�}tr,it�y Cort)pa/ T�> -- 5u orNmlhcuch"-FnwmmowQuol:COMWmftft mt DEC 1 5 2015 1167 US H.) 17 South! E16"Ck, NC 279D9 +2-Z6a 390112sbwmn if"] Em CS Coastal Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: E DEC 15 2015 Shellfish Sanitation 6 Recreational Water Quality Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears. Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. RECEIVED DEC 28 2015 REPLY: This office has no objection to the project as proposed. VThis office has no comment on the proposed project. DC M- M H C1 CITY This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED / L / - FO= W( FbOW DATE -^Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] 0 PAT MCCRORY Governor r-0. DONALD R. VAN DER VAART semiary BRAXTON DAVIS Coastal Management Direnor ENVIRONMENTAL OUALIW December 9, 2015 MEMORANDUM TO: Ken Pace, PE; Environmental Operations & Rest Area Department of Transportation FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stevens Towing Co. Project Location: United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED 0 RECEIVED DATE tZ/[� �iQ� �^ gl 2015 !'Nothing Compares , State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] r� Coastal Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Governor DONALD R. VAN DER VAART Secmtary BRAXTON DAVIS Director e,15. az 15, a3 DEC 2015 Maria Tripp Dunn j�tE� NC Wildlife Resources Commission s Doug Huggett, Major Permits Coordinator � <, Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. VED JAN 11 2016 This office has no comment on the proposed project. This office approves of the project only if the recommended changes iarreCjrY incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED _ `I • l DATE -'-^Nothing Compares , Stele of Non6 Carolina I FAYironmenW Quality I Cm W Manapmm 1367 US Hwy 17 South 1 ElinWI City, NC 27909 252-264-39011252-264-3723 [fax] ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator RECEIVED Division of Habitat Conservation JAN 11 2016 DATE: January 7, 2016 DCM- MHD CITY SUBJECT: CAMA Dredge/Fill Permit Application for Stevens Towing, Co., Chowan County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 125 Dye Plant Road at the old United Piece Dye Plant industrial site adjacent the Chowan River near Edenton, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Star. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to establish a barge landing facility at the old United Piece Dye Plant site. An 8.69 acre area within the Chowan River is proposed to be dredged to a final water depth of -7' NWL, a 300' bulkhead with an adjacent 40' by 300' concrete loading area will be constructed landward the bulkhead, rip rap, barge ramp, associated tie piles, and upland development are proposed to establish the facility. A pre -application meeting was conducted prior to the submittal of the application. As a result, several agencies visited the site and determined the project area had submerged aquatic vegetation (SAV) present, but that it was 100% Eurasian milfoil. The Chowan River at this location is classified B by the Environmental Management Commission and is designated an anadromous fish spawning area (AFSA) by the NC Division of Marine Fisheries and NCWRC. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fa:: (919) 707-0028 e15 C DF_Stevens Towing Page 2 January 7, 2016 The NCWRC has reviewed the permit application and not o ect to permit. The proposal has a significant area of disturbance, but the site, as men Joned and deta e m the pre - application meeting, is a previously disturbed industrial site and meets the criteria to establish a barge facility without disturbing other areas that would have increased resource impacts. Since the SAV present is milfoil and is often managed in this system, we will not voice significant concerns regarding impacts during excavation. However, we do request a February 15 — September 30 moratorium be included as a permit condition to minimize impacts to aquatic resources during excavation and to reduce the dispersal potential of hydrilla Any measures to further minimize hydrilla dispersal (collection with booms, vegetation placement on shore with upland disposal) would be appreciated. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria,dunn(@ncwildlife.org RECEIVED JAN 11 Z016 DCM- MHD CITY C5. Coastal Management ENVIRONMENTAL QUALITY December 9, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY RECEIVED Governor JAN 04 201G DONALD R. VAN DER VAART Secrolary DCM-Plsharles WARO BRAXTON DAVIS Director Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Stevens Towing Co. United Piece Dye Plant industrial site, 125 Dye Plant Road, Edenton Proposed Project: Barge landing facility, to include dredging, placement of barge tie pilings, bulkheading, concrete ramp, riprap, retention pond, office building Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/30/15 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue. Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the. project for reasons described in the attached comments. SIGNED Zoe- DATE 4Z7IS --�':�'Nothiny Compares..,, Stato of North Cunha I Environmental Quality I Coastal Mwapmem 1367 US Huy 17 South I Elizabeth City, NC 27909 252.26W9011252-264-3723 [faz] c PAT MCCRORY Gowns", DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Stevens Towing Co. DATE: 1/6/16 Sean laq• BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. Steven's Towing Company is proposing to repurpose the now empty United Piece Dye Plant industrial site located on the Chowan River into a barge landing facility. The project includes hydraulic excavation of 8.69 acres of bottom in the Chowan River to a depth of-12NLW adjacent to the upland property, a bulkhead running along 300' of shoreline with 40' and 57' return walls, a 40'x 300' concrete work platform directly behind the bulkhead used to load and unload barges, an 80' x 205' concrete barge ramp, rip -rap along the shoreline to the south of the barge ramp, 9 steel mooring or dolphin clusters for barges, and various upland developments repurposing existing buildings and concrete pads. The project proposes to dredge a large area of the Chowan River that contains submerged aquatic vegetation (SAV) where no previous dredge operations have occurred. This would normally bring an objection from DCM Fisheries as "new dredge in SAV habitat" however, circumstances at this particular site may warrant exception. Surveys conducted in June and August of 2015 revealed that hydrilla dominated the area to be dredged; no other SAV species were found. Hydrilla is an invasive nuisance species and there are programs supported at the state and county level to attempt to eradicate it in NC waters. It also bears no protection as essential fish habitat (EFH) per correspondence with NMFS. For these reasons this office will not object to the project as proposed but still will request certain conditions be placed on the permit. The Chowan River in the project area is designated as an anadromous fish spawning area (AFSA) which are areas critical to the lifecycle of anadromous fish such as striped bass, river herring, alewife, American and hickory shad. Also the large hydraulic dredge proposed in the project will likely cause very turbid conditions for any aquatic species iri the project vicinity as well as cause fragmentation of hydrilla. Fragmentation and drift is one of the leading ways in which hydrilla spreads. For these reasons it is requested that the project observe a moratorium on in -water work, specifically any dredge or drilling of pilings or sheet -pile, from February 15-Sept 30 to limit the projects disturbance to anadromous fish as -5,'>�otMng Compares.. . State ofNadb Cosolina I Emmonmwtal Quality I Coasml Management Address 1 I Address 2 1 City, State ZIP 0000000000 T n7, %f vv s Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY (inrenuv DONALD R. VAN DER VAART Semaw • BRAXTON DAVIS well as potential lessen the chance of spreading hydrilla by dredging during colder winter months when its growth potential is lowest. It is requested that all precautions betaken to lessen the chance for the spread of hydrilla. This could include making sure dredge material does not end up in other water bodies or other parts of the Chowan where hydrilla has not colonized. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.gov with further questions or concerns. Nothing Compares.;,.. State of North Carolina I Environmental Quality I Coutal Management Address I I Address 2 1 City, State ZIP 000 000 0000 T 0S Spears, Courtney From: Sent: To: Subject: Stevens Towing Company Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Friday, January 22, 2016 2:20 PM Spears, Courtney RE: 2 CAMA Major Apps SAW 201502613 Tier II PGP 198000291 NCWRC-Perquimans SAW 201502626 Tier 11 PGP 198000291 Had to wait for USFWS and NMFS on the Chowan River dredging project. Thanks! -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Thursday, January 21, 2016 8:13 AM To: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Subject: [EXTERNAL] 2 CAMA Major Apps Good morning, 21Jan16 22Jan16 Have you reviewed the Major Apps for Stevens Towing Company in Chowan County and NCWRC Boat Ramp in Perquimans County? I have collected all other comments so once I get your approval I can get these two out. Thanks for your help! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov s 7 CG, PAT MCCRORY l Govemor NALD R. VAN DER VAART NOT A CAMA PERMh� Secretary. Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL OUALITY January 6, 2016 Dnepr D W R # 15-1280 Chowan County Stevens Towing Company of North Carolina, LLC Attn: Mr. Rich Simon, III 401 East Church Street . Edenton, NC 27932 Subject: Approval of 401 Water Quality.Certiflcation with Additional Conditions Stevens Towing Chowan River Barge Landing Facility Dear Mr. Simon:' You have our approval for the impacts listed below for the purpose described in your application dated December 9; 2015 and received by the Division of Water Resources (Division) on December 12, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s)198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to followthe conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other Impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Permanent ,. Amount Reduced (units) Temporary, Plan location/ Reference Attached Open Water OW-1(Dredging) 8.69 (acres) 0 (acres) CAMA Plan - OW-2 (Barge Ramp) 0.38 (acres) 0 (acres) Rivershore O.W-3 (Bulkhead) 0.03 (acres) 0 (acres) Marina 2, This approval is for the purpose and design described in your application. The plans and 'specifications for this project are incorporated by reference as part of the Certification. If . 'SfateofNonh Carolina l Ew&o =tat Quality l Waw]les —Water Quality P,4onal 0pcm1i=—Wa4ington Rcgionel Office . 943 Washiogt=Squer NIA WashmgtMNC27889 252-946-6481 M � V STEVENS TOWING COMPANY OF NORTH CAROLINA, LLC ATTN: MR. RICH SIMON, III DWR# 15-1280 401 APPROVAL Page 2 of 5 you change your project, you must notify the Division and you maybe required to submit a new.application package with the appropriate: fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for . complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The.proposed project must comply with all the conditions of the General Water Quality certifications) 3900. [15A NCAC 02B .o507(c)] Continulne Compliance 4.: Pump-outs/Sewage Disoosal No sewage shall be allowed to be discharged at any time from boats using the marina. Appropriate signage should be posted prohibiting sewage discharge and providing appropriate waste disposal information. [15A NCAC 02H .0506 (b)(3)] S. Fueling Facilities Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a wat'erbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of Waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3),15A NCAC 0211i.020b (3)(f), and GS 143 Article21A] 7. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0211 Fresh Surface Water Quality for Class B Waters (3)(g) pH: shall be normal for waters in the area, which generally shall . range between 6.0 and 9.0 except that samp waters may have a pH as low as 4.3 if it is the result of natural conditions; ([)Turbid . ity: the turbidity in the receiving water shall not exceed 50 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0211] $. 5p1115 Gy STEVENS TOWING COMPANY OF NORTH CAROLINA, LLC ATTN: MR. RICH SIMON, III DW R# 15-1280 401 APPROVAL Page 3 of 5 The permittee shall report to the local DWR Regional Office, within 24 hours, all significant spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10.and CFR 117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report spills including: any oil spills of 25 gallons or more and any spill regardless of amount that causes sheen on surface waters. Other Conditions 9. Re Opener Clause Stevens Towing Company of North Carolina, LLC and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Stevens Towing Company of North Carolina, LLC shall require their contractors (and/or agents) to comply with all of.the terms of this Certification, and shall provide each of their contractors (and/or agents)'a copy of this.Certification. A copy of this Certifi "ration shall be included in the construction contract and available on the job site at all times.. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are. necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Stevens Towing Company of North Carolina, LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 10. State Stormwater Management Plan (SMPI and General Permit No.NCG190000 Approved by Division Stormwater Program Reouired You are required to provide one copy of the state stormwater management plan (SMP) and National Pollutant Discharge Elimination System General Permit No: 190000 (NCG190000) approval letters from the Division of Energy, Mining and Land Resources (DEMLR)'to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The project must be constructed and maintained in compliance with the approved SMP and NCG190000. After'the approval letter is submitted to the Division,.the SMP and NCG190000 may not be modified without prior written. authorization from DEMLR, If the $MP and NCG1900DO are modified in the future; then you shall provide an approval letter for the modifications t C� STEVENS TOWING COMPANY OF NORTH CAROLINA, LLC ATTN: MR. RICH SIMON, III DWR# 15-1280 401APPROVAL Page.4 of 5 to the DWR 401 & Buffer Permitting Unit prior to the commencement of; the modifications.: [15A NCAC 02H .0506(b)(5)] 11.'Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached. certificate of completion to the 401 & BufferPermitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-165.0. [15A NCAC 02H 0507 (c)] 12. Thee applicant and/or authorized agent shall: provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at httD•//Dortal ncdenr ore/web/wd/swp/ws/401/certsandpermits/apoiv/forms). [15A NCAC 02H .0506(b)(5)] 13. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition foe an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 491-3000 for* information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along;with any applicable OAH filing fee is received by the OAH within five.(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US,Postal Service: Office of Administrative Hearings 6714:Mail Service Center Raleigh; NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One:(1) copy of the petition must also be served to DENR:: Sam H. Hayes, General Counsel Department of Environmental Quality 1601.Mail Service Center. Raleigh, NC 27699-1601 STEVENS TOWING COMPANY OF NORTH CAROLINA, LLC ATTN: MR. RICH SIMON, III DW415-1280 401. APPROVAL Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Anthony Scarbraugh at 252-948-3924 orr anthonv.scarbraueh@ncdenr.gov if you have, any questions or concerns. Sincerely, Robert Tankard, Assista t Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3906 Certification of Completion. . cc: Courtney Spears, DCM Morehead City Raleigh Bland, USACE Washington Regulatoy Field Office (via email) Richard Peed,.DEMLR WaRO (via email) Laserfiche File Brian Rubino, Qu,ible & Associates, P.C. (email: brubino@quible.com) L .emu.,..i8-..��'.1 /. It ' �,,•..'� ... _ ... \.- _ �p I I -- atpl �B.ff/¢I 5- ------ --- ---------- GRAPHIC --- _ _ GRAPHIC SCALY. -_J ( .gym �—� � . avw —•7 r�m k- � l SWTIIOX7 A' SECTION 'H' B' SECTION D-D !•['lLti,ll•liti M I�SION YENVIF� 1 ,' •' t 1 I Ipl I Yd, I 1 AI s jj aa Idl , FFpE , I ; I 7i •--,�-J I�,��� xE�e� 1! 1 I ' a ' 1 ' I wo 1 O lin a x ' ' F I, m i' �'"visnss c Nlw6pIOW. Y euR xllbef°re yovtlip awl eoe >III:LT ,lp .F 1ISr,va 6j Coastal Management ENVIRONMENTAL QUALITY December 7, 2015 Mr. Simon B. Rich, III Stevens Towing Co. 401 East Church Street, 5th Floor Edenton, NC 27932 Dear Mr. Rich: PAT MCCRORY DONALD R. VAN DER VAART ,- BRAXTON DAVIS Umecwr The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at 125 Dye Plant Road in Chowan County. It was received complete on November 25, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 8, 2016. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 25, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. F,% `CFrv[0 DEC 11 2�15 'Nothing Compares �,Ru D CITY State of North Carolina I Environmental Quality I Coaatal Management D!� M �V i r, 1367 US Hwy 17 South I Elizabeth City, NC 27909 iJ 252-264-39011252-264-3723 [Fax] Mr. Simon B. Rich, III Stevens Towing Co. December 7, 2015 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Lynn Mathis, Field Specialist, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, /(.t omngss > Fran k Jenn ngs District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC Brian Rubino, Quible & Associates, P.C., Kitty Hawk, NC David H. Griffin, Sr., Edenton River, LLC, Jamestown, NC NOTI(04'$ J W o AMA PERMIT° ° APPLIED FOR PROJECT: Repurpose the United Piece Dye Plant industrial site to a barge landing facility -)will include dredging of water bottom to depth of - 12', placement of barge tie pilings along an existing pier, 300' of bulkheading adjacent a concrete shoreside dock, a 205'x80' concrete ramp to remove barges to a single bay with a rollback roof system, riprap the south side of the ramp, retention pond, & new office building. APPLICANT: Mr. Simon B. Rich, 111 Stevens Towing Co., 401 East Church Street, 5th Floor Edenton, NC 27932 252-482-1011 I HH006H 01105116 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. �Z Lynn Mathis, Division of Coastal Management, 1367 US Hwy 17 South, Elizabeth City, NC 27909 252-264-3901, ext. 234 6 PAT VICCRORY (ima,rw DONALD R. VAN DER VAART se—) Coastal Management ENVIRONMENTAL OUALITY EMAIL MEMORANDUM TO: The Chowan Herald Edenton, NC 27932 c/o edale¢alsna dailyadvance.com FROM: Yvonne Carver Administrative Assistant DATE: December 7, 2015 SUBJECT: Major Public Notice: Stevens Towing Co. BRAXTON DAVIS Diwim Please publish the attached Notice in the Wednesday, December 16, 2015 issue of THE CHOWAN HERALD. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, Public Information Officer, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECENED DEC 11 2015 DCM- MHD CITY Nothing Compares State of North Carolina I Environmental Quality I Coaml Management 1367 US Hwy 17 South J Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] 3 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a permit in an AEC as designated under the CAMA was received on 11/25/15. Stevens Towing Co. proposes to repurpose the United Piece Dye Plant industrial site located at 125 Dye Plant Road, Chowan County, to a barge landing facility, which will include dredging, the placement of barge tie pilings along an existing pier, bulkheading adjacent a concrete shoreside dock, a concrete ramp, & a new office building. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 01/05/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, December 16, 2015 0 W > N Li W U U � o g MWLU N V 0 AGENT AUTHORIZATION LETTER RECEIVED DEC 1 1 2015 ACM- MHD CITY September 29, 2015 RE: 125 Dye Plant Road, Edenton, NC Tax Parcel # 6970-18-414355 County, NC CAMA Major Permitting for Stevens Towing OCT 2 1 2015 As owner of the above referenced property, I authorize Stevens Towing (contracted purchaser) and their authorized agent (Quible & Associates, P.C.) to apply for and receive a CAMA Major Permit for their barge facility on the subject property. n Au�orized SibnUttYre 4, j rev. /: v-Y Gi- 6- Name: ) % - C� Date: T Corporations Division Page 1 of 1 North Carolina DEPARTMENT OF THE Elarrle F. Marshall Secretary >IECRETARYOFSTATE PO Boa 29622 Raleigh, NO 27626-0622 (91g)807.2000 Account Login Due to scheduled electrical maintenance by State Facilities Management, our website databasefRegister will be unavailable from 7 AM 12/19/16 until the evening of 12120/15. Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Edenton River, LLC Limited Liability Company Information Sosid: 0914496 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 5/17/2007 Fiscal Month: December State of Incorporation: NC Registered Agent: Griffin Sr, D H Corporate Addresses Mailing: 4716 Hilltop Road Greensboro, NO 27407 Principal Office: 4716 Hilltop Road Greensboro, NC 27407 Reg Office: 4716 Hilltop Road Greensboro, NC 27407 Reg Mailing: 4716 Hilltop Road Greensboro, NC 27407 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member: Manager / Member: Member: David H Griffin , Jr 5395 River Road Jamestown NO 27282 David H Griffin , Sr 2022 Shimer Dr Jamestown NC 27282 James Lewis 304 N 3rd Street Smithfield NO 27577 RECEIVED DEC 11 2015 DCM- MHD CITY http://www.secretary.state.nc.us/Search/profcorp/8208410 12/7/2015 Corporations Division Page 1 of 1 (11 r P`"'"" "cam., North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29622 Raleigh, NC 27626-0622 t919jW7.2000 Account Login Due to scheduled electrical maintenance by State Facilities Management, our website database$tegister will be unavailable from 7 AM 12/19/15 until the evening of 12120116. Click Here To: Yew Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Stevens Towing Co. of North Carolina, LLC Limited Liability Company Information Sosld: 0733891 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/9/2004 Fiscal Month: December State of incorporation: NC Registered Agent: Rich, Simon B., III. Corporate Addresses Mailing: 401 East Church Street 5th Floor Edenton, NC 27932 Principal Office: 401 East Church Street Floor #5 Edenton, NC 27932 Reg Office: 401 East Church Street 5th Floor Edenton, NC 27932 Reg Mailing: 401 East Church Street 5th Floor Edenton, NC 27932 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member/Manager: Member/Manager: Member/Manager: Q } l-- U v LUQJ o N Q _ M +i O U Q Simon B. Rich , III 401 East Chruch St. 5th Floor Edenton NC 27932 Benjamin B. Smith , Jr. 4170 Hwy 165 Yonges Island 29449 STCoNC,LLC 4170 Hwy 165 Yonges Island 29449 http://www.secretary.state.nc.us/Search/profcorp/6491710 12/7/2015 A 02 DEED RECEIVED DEC 11 2015 DCM- MHD CITY 0 9,000.UU NC REAL PROPERTY EXCISE TAX $1,800.00 SPECIAL WARRANTY DEED 07 21 Excise Tax $1,800.00 Tax Lot No. 6970-18-41-4355g; Prepared by: Paul A. Arena, Poyner & Spruill LLP, P.O. Box 10096, Raleigh, NC 27605-0096 Return to: Michael L. Barba-, 1101 W. Market St., Greensboro, NC 27403 THIS DEED is made this 5(1:)4 day of May, 2007, by and between Edenton Dyeing & Finishing, LLC, a North Carolina limited liability company (the "Grantor") andEDENTON RIVER,LLWhose address is 2022 SHIMER DRIVE. JAMESTOWN, NC 27282 (the "Grantee"). WITNESSETH: That Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Chowan County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"). Together with all right, title and interest of Grantor in and to any current or former streams, alleys, roads, streets, ways, strips, gores or railroad rights -of -way abutting or adjoining the Property, and together with all the improvements thereon and all privileges, easements and appurtenances thereto belonging. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except with respect to the following matters: 1. Property taxes for the year 2007. 2. Easement granted in Deed recorded in Deed Book 357, Page 475, Chowan County Registry. . 3. Easements, restrictions and other encumbrances of record in Chowan County. Grantor acquired the Property by instrument recorded in Book 291, page 107. c,?7037y- '�wU- Q 0 lu 9p .& U U 0 context. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company nam by its duly authorized members, the day and year first above written. Edenton Dyeing c& Finishing, LLC, a North Carolina limited liability company By: a, 0, ., name: Thomas M. Gilreath title: Vice -President of Finance STATE OF COUNTY OF l I, lLt a Notary Public of the County and State aforesaid, do hereby certify that AoAaiM.Gilreatfi personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the . day of May, 2007. printed name:��• , Notary Public My commission expires: 10 - 1- (Official Seal) d'fillE lr l Oki �`CEIVED DEC 11 2015 DCM_ VdHD CITY LYING AND BEING IN SECOND TOWNSHIP, CHOWAN COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at an iron pin marking a northwestern comer of Paul C. Whiteman in the southern edge of the right-of-way of N.C.S.R. 1220, said point of beginning bearing N 87' 25' 03" W 246.47 ft. from a P.K. nail marking the intersection of the centerline ofN.C.S.R.1222 with the centerline extended ofN.C.S.R. 1220, thence from said point of beginning and along and with western lines of Paul C. Whiteman, Michael David Nixon, Peggy B. Weiss and David Ray Sawyer S 19° 41' 37" W 1,255.58 ft. to an iron pipe marking a southwestern corner of David Ray Sawyer in a northern line of David Wayne Rowe, thence along and with northern lines of David Wayne Rowe, Donald Forehand and Edward F. Davis N 73° 28' 54" W 1,267.67 ft. to a set iron pin marking a Northwestern comer of Edward F. Davis, thence along and with a western line of said Davis S 25' 41' 03" W 154.47 ft to a set iron pin marking a southwestern corner of said Davis in a northern line of said Forehand, thence along and with northern lines of said Forehand, Sally Jane Moore and David Lynn Lane N 79' 04' 15" W 403.00 ft. to a set iron pin in the eastern edge of the Chowan River, thence along and with the eastern edge of said river the following courses and distances: N 14' 01' 00" E 200.10 ft. to a concrete monument, N 11 ° 17' 11 " E 283.68 ft. to a set iron pin, N 140 56' 13" E 532.51 ft. to an iron pin and N 190 32' 00" E 280.20 ft. to a set iron pin, thence S 8012 P 48" E 755.70 ft. to a set iron pin marking the northwestern comer of the terminus ofN.C.S.R. 1220, thence along and with the western edge ofthe terminus of N.C.S.R. 1220 S 090 30' 00" W 60.00 ft. to a set iron pin marking the southwestern corner of the said terminus, and thence along and with the southern edge of the right-of-way of N.C.S.R. 1220 S 80° 30' 00" E 1,047.80 ft. to the point of beginning containing 48.386 acresmore or less, as shown and described on a plat entitled "A Survey and Plat for Piece Dye Acquisition Corporation" prepared by Josiah A. Webb, III, R.L.S. and dated January 20,1998. SAVE AND EXCEPT from the above -described tract or parcel of land that certain tract or parcel of land conveyed to Percy Judson Britton as described in Deed Bk 208, Pg 927 and the adjoining tract or parcel of land conveyed to N.R. Matthews as described in Deed Bk 24, Pg 520, Chowan County Registry, the two aforementioned tracts or parcels of land being more particularly described in combination as follows: Beginning at a set iron pin marking a southwestern corner of Piece Dye Acquisition Corporation, said point of beginning being located by commencing at a P.K. nail marking the intersection of the centerline of N.C.S.R. 1222 with the centerline extended of N.C.S.R. 1220 and running from said point of commencement the following courses and distances: N 87125' 03" W 246.47 ft., S 190 41' 37" W 1,255.58 ft. and N 73' 28' 54" W 1,367.67 ft. to the said point of beginning, thence from said point of beginning and with lines of Piece Dye Acquisition Corporation the following courses and distances: S 24° 26' 36" W 150.00 ft. to a set iron pin, N. 75° 35' 25" W 110.00 ft. to a set iron pin, N 24° 12' 30" E 4.00 ft., N 74° 13' 10" W 67.00 ft. to a set iron pin, N 21 ° 07' 59" E 150.00 ft. to an iron pipe and S 73° 28' 54" E 185.00 feet to the point of beginning, containing 0.622 acres, more or less. ALSO SAVE AND EXCEPT from the above -described tract or parcel of land that certain tract or parcel of land conveyed to Mary L. Frisina and Barbara D. Lennon by Deed recorded in Deed Book 357, Page 475, Chowan County Registry. RA� 51964W LU L , a "i ,. LU o U 0 LETTERS OF SUPPORT RECEIVED DEC 11 2015 DCM- MHD CITY PARTNERSHIP Public and, privala seclm-s lagather building a vital community August 14, 2015 To Whom It May Concern: As the executive director of the Edenton Chowan Partnership, I want to express wholehearted support for the project being proposed by Simon Rich, III and Stevens Towing Company of North Carolina to expand their presence in Chowan County at the United Piece and Dye Plant on the Chowan River. In addition, please know that on August 6, 2015 at the ECP August board meeting, members unanimously passed a resolution fully supporting this plan. The Edenton Chowan Partnership is a not -for -profit organization the represents the economic development interests of Chowan County and the Town of Edenton. Over the last three years, we have been marketing the Dye Plant facility to developers while screening clients to target the most appropriate to purchase and utilize the property to create more business activity on the waterfront while maintaining one of our areas most valuable natural resources. Without reservation, Mr. Rich and his company represent the ideal business partner to utilize, develop, and maintain the quality of this important natural asset while creating opportunities for job growth in our county. Over the last fifteen years, Mr. Rich and his company have demonstrated their commitment to our region and have provided us with a major service that has become increasingly important to industrial development. Our economic development clients ask frequently about barge services that can move materials to ports along the East coast. Stevens Towing has demonstrated consistently its ability to serve important industrial clients in our region, such as MiTek and Nucor Steel. Clearly, expansion of this company could result in attracting other industrial clients to Northeastern North Carolina, an area that so desperately needs more businesses and better paying full time jobs for its citizens. I encourage you to help us in working with Mr. Rich and Stevens Towing Company of North Carolina to achieve their vision for expansion of his company in Chowan County. When this vision is realized, it will enhance the tax revenue base in Chowan County. It will fully utilize an underutilized commercial asset and will create the opportunity for additional economic growth around its base of operation in the county. And finally, this expansion project has the potential to enhance job opportunities in our county. Thank you in advance for the thoughtful consideration you will give my endorsement of his vision for future expansion at the United Piece and Dye Plant facility on the Chowan River. e° a cerely, % C.� Ftank G. Miglorriie, Ede. Df LU Executive Director U C� L1 o g 101 W. WATER STREET, EDENTON, NC 27932 PHONE: 252-482-2007 FAx: 252-482-7093101 INFOODEDENTON.NET JM.EDENTON.NET 0 NOV 9 2015 r wV ( Slave Troxler North Carolina Department of Agriculture Commissioner and Consumer Services November 2. 2015 To Whom It May Concern: The North Carolina Department of Agriculture and Consurner Services expresses its full support for the barge terminal development that has been proposed by Simon Rich III, and Stevens Towing Company of North Carolina LLC, at the former United Piece Dye Works property on the Chowan River in Chowan County. We understand that this development is being undertaken in cooperation with local agribusinesses and will include grain storage facilities for crops from the region. These agricultural products will be transported on barges from this new port via our state's rivers and sounds to domestic and foreign markets. This partnership between Stevens Towing, C.A. Perry and Sons and Lansing Trading Group will offer a viable option to move grain in bulk from this region of North Carolina. The proposed development of this property is consistent with the department's mission of promoting and improving agriculture and agribusiness in North Carolina, and will provide a vital link between agricultural products grown in northeastern North Carolina and commodity markets outside the region. The significance of this type of development to the agricultural operations and transportation corridors in northeastern North Carolina cannot be overemphasized. The fact that the project is being undertaken by a well -established company such as Stevens Towing only adds to its importance for our state. We encourage support for Stevens Towing and this project in Chowan County, and stand ready to assist as necessary to bring this project to fruition. Sincerely, ell Steven W. Troxler Commissioner RECEIVED DEC 112015 DCM- MHD CITY Steve.Troxler(@ncagr.gov • www.ncagr.gov 1001 Mail service Center Raleigh NC 27699.1001 • (919) 707.3000 - Fax (919) 733.1141 An Equal Opportunity Employer September 10, 2015 To Whom It May Concern: The North Carolina State Ports Authority would like to communicate its enthusiastic support for the barge terminal project being developed by Simon Rich, III and Stevens Towing Company of North Carolina in Chowan County. Stevens Towing is a valued partner of the NCSPA and vital link in the supply chain between Morehead City and multiple port customers. It is our understanding that the proposed bargeterminal will aid in servicing shipments of raw materials between Morehead City and the NCSPA's client Nucor - Hertford County. The proposed facility is consistent with the mission of the NC Ports: "To be the gateway to global markets and enhance the economy of North Carolina by supporting and improving the state's logistics network." The proposed facility will also serve as an inland port and offer an excellent opportunity for businesses in the Northeastern region of North Carolina to leverage the `marine highway' system. Companies wishing to export may ship via the Inter -coastal Waterway to North Carolina's Ports for export or domestic distribution. This offers an alternative which is efficient and environmentally friendly mode of transportation to over -the -road trucking. The NCSPA's support is contingent on the project's compliance with all applicable state and federal regulations. Please feel free to contact us with any questions related to Stevens Towing's business with the NCSPA. Thank you. Regard Paul J. Cozza CEO — NC Ports �.� >"Cc: Greg Fennell Jeff Miles a Laura Blair a. W W Q North Carolina State Ports Authority • 2202 Burnett Boulevard • PO Box 9002 • Wilmington, NC 28402 • www.ncports.com LETTERS TO ADJACENT RIPARIAN OWNERS RECEIVED DEC 11 2015 DCM- h?,HD CITY Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 NOV e . November 9, 2015 Raymond Bunch 3201 Rocky Hock Rd Edenton, NC 27932 RE: CAMA Major Permitting Cowan County, North Carolina Dear Mr. Bunch, P.O. Drawer 870 IOtty Hawk NC 27949 Phone: 252491-8147 Fax: 252,491-8146 web: quNa.wm As adjacent riparian property owner to the property currently owned by an affiliate of D.H. Griffin Companies (former United Piece and Edenton Dye Works Property), it is a requirement by NCDEQ, Division of Coastal Management to notify you of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. This property is under contract to be purchased by Stevens Towing Company for the future primary use as a barge fleeting area. All of the work proposed to be permitted is shown on the accompanying plan. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Ms. Lynn Mathis, NCDCM, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Additionally, please feel free to contact Simon Rich, III with Stevens Towing Company if you wish to discuss future use or anything pertaining to this project. Mr. Rich can be reached at 252-482-1011. Failure to respond in either method within 30 days will be interpreted as no objection Sincerely, Quible and Associates, P.C. Brian Rubino V 1 have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. _ I have objections to the project as presently proposed and have enclosed comments i� p Sign ure N t. H U LL1 a , U C Date 0"ible Quible & Associates, P.C. P.O. Dmwer 970 i �....—.-_ My Hawk NC 27949 ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SUMYING ( rp 7 ^ �'y 5 j'^ 3 tr j S" Phorre: 252d91.8147 SINCE 19W I it lI„ - ti LJ Fnr: 252d91-8146 web: quible.com October 16, 2015 Raymond Bunch 3201 Rock Hock Rd. Edenton, NC 27932 RE: CAMA Major Permitting Chowan County, North Carolina Dear Mr. Bunch, OCT 2 1 2015 'i .pa tw„at.,:.:,: �.�ra,1+,i nw,;,cx,.rrxc.wsxeo-,w.,s- _:,'-•:; As adjacent riparian property owner to the property currently owned by an affiliate of D.H. Griffin Companies (former United Piece and Edenton Dye Works Property), it is a requirement by NCDENR, Division of Coastal Management to notify you of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. This property is under contract to be purchased by Stevens Towing Company for the future primary use as a barge fleeting area. All of the work proposed at this time is shown on the accompanying plan. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Ms. Lynn Mathis, NCDCM, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Additionally, please feel free to contact Simon Rich, III with Stevens Towing Company if you wish to discuss future use or anything pertaining to this project. Mr. Rich can be reached at 252-482-1011. Failure to respond in either method within 30 days will be interpreted as no objection. RECEIVED Sincerely, DEC 11 2015 Quible and Associates, P.C. DCM- MHD CITY Bnan Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 October 16, 2015 Barbara Lennon and Mary Frisina 1519 Eagle Ave Norfolk, VA 23518 RE: CAMA Major Permitting Chowan County, North Carolina Dear Ms. Lennon and Ms. Frisina, P.O Drawer B70 My Hawk NC 27949 Phone: 252-491 8147 Fax: 252-49"146 web. qulble cram As adjacent riparian property owner to the property currently owned by an affiliate of D.H. Griffin Companies (former United Piece and Edenton Dye Works Property), it is a requirement by NCDENR, Division of Coastal Management to notify you of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. This property is under contract to be purchased by Stevens Towing Company for the future primary use as a barge fleeting area. All of the work proposed at this time Is shown on the accompanying plan. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files, Should you have objections to this proposal, please send your written comments to Ms. Lynn Mathis, NCDCM, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30 days of receiot of this notice. Additionally, please feel free to contact Simon Rich, III with Stevens Towing Company if you wish to discuss future use or anything pertaining to this project. Mr. Rich can be reached at 252-482-1011. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. 1 Brian t Cub ino have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments „ 7 f signature Date Lb wn It ■ Complete Items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is desired. It Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the malipiace, or on the front If space permits. . Article Addressed to: -2,ao) l2oQ kS-r7 o Qt /1J_j o r C)-74,.�d A. tuns Agent Addresse B. Reoelved by (Printed Name) C. Date of Deliver D. is delivery address different from Rem 17 ❑ Yes If YFS, enter delivery address below: ❑ No Ary. I 3. Service Type ZrCertiged Mail ❑ Expr Mail 0 Registered ❑ Retum Recei t to M I I I IIIIII IIIIII II II I I II I I I I II IIII'I IIIIII I II _ 14. R❑insured mail E3 mmured Delivery? (Exttm Fee) p 0 Yes andise (rransferfrom semor,k1 q 7007_, 2680 0002 5930 1091 Form 3811, February 2004 �.F Domestic Retum Receipt 102595-02M-1540 Complete Items 1, 2, and 3. Also oomplet Rem 4 if Restricted Delivery is desired. e ■ Print your name and address on the rave so that we can return the card to you. Attach this card to the back of the mailpi e, or on the front If space permits, . Article Addressed to: 0419W >,EVV� mloay r�s )n e LA A. D Addre: B• rvedrby (Pnn Name) C. Date of De)Y D. Is delivery address different from Item 17 Yes If YES, enter delivery adtlress below: ❑ No 14. . Semce Type - �l r ✓a"anified Mall ❑ Express Mail 0 �h:tered ❑ Return Receipt for Merchandise IIIIIIIII IIIIII IIIIII IIIIIIII II IIII IIIIIIII III R❑eInsured stdcted De�very7 (Extra Fee) ❑Yea Article Number (rransfarfromsemceiabe,_._"__ 7LI07 2680 0002 5929 7790 Fonn 3811, February 2004------ -_— Domestic Return Receipt 102595-02-M-1540 NOV 9 2015 GOWAL Pr.ANA5E"1,1ENT ELVZ "r;Ei1Y RECEIVED DEC 11 2015 DCM- MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Stevens Towing Date: 12/012015 Project Site County Chowan Staff.- Lynn Mathis District: ZElizabeth City Washington []Morehead City ❑Wilmington Project Name: Stevens Towing: Chowan River Facility Rover File: N/A State Plane: X: 2707710.03ft Y: 553887.91ft Date of initial application submittal (EX 1/82007): 10212015 Date application `received as complete" in the Field office (EX 1/8/2007):12/0 420U Permit Authorization: El CAMA Dredge & Fill ZBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes No[] Setback Required (riparian): Yes No Critical Habitat: Yes []No Not Sure 15 foot waiver obtained: Els ®No Hazard Notification Returned. ❑Yes []No N/A SAV.• ®Yes ❑No []Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: Yes ZNo ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP.,®Yes []No ❑Yes ®No Moratorium Conditions: Yes ZNo Environmental Assessment Done: ❑NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) 69 Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SlM High Quality Waters (HQW) LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) —Cattail ❑ (DS) Salt orspike grass (Distichlis (SC) Bullrush or three square (Scirpus ( (Typha sp.) spicate) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 0 111(A) Private w/D&F up to 1 acre; III(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 0 11.Public orcommerciaUnodredge $100 and/or rill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public orcomm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQagreement -$400 DCM- VND CITY Applicant: Stevens Towing: Chowan River Facility Date: December 1, 2015 Describe below the ACTIVITIES that have been applied tor. All values should match the dimension order, and units of measurement found in your Activities code sheet. r L' :! LU U eir TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 One One Dimension 3 Dimension 4 Dredging j New work Replace 470' 805' -7' Maint ❑ ❑ Y ® N Bulkhead j New work Replace 5 300' Maint ❑ ❑ Y ® N Riprap j New Work® Replace 30' 60' Maint ❑ ❑ Y ® N Concrete j New work ® Replace 40' 300' Pla orm Maint ❑ ❑ Y ® N Concrete j New Work Replace 75' 80' Ramp/Bay Maint ❑ ❑ Y ® N Above 1VWL Concrete I New work Replace 80' 205' Ramp/Bay Maint ❑ ❑ Y ❑ N (Below NWL Access Road I New work Replace 35' 40' Maint Q ❑ Y ® N New Work Replace Maint ❑ ❑ Y Q N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace _ Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work EF Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑.Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work En Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N q New Work E3 Replace , Maint ❑ ❑ Y ❑ N rr U W CZ) ,ne HABITAT disturbances for the application. Ali values should match the name, and units of measurement ,r Habitat code sheet. 4 TOTAL Sq. Ft FINAL Sq. FL TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration antYor restoration or andror temp restoration or temp impact lam impact;) ) impact amouno temp impacts) amount Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 378,350sf 378,350sf Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ 17, 693sf 17, 693sf High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 21,200sf 21,200sf Shoreline Dredge ❑ Fill ❑ Both ❑ Other ® 11,040 11,040 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED DEC 112015 DCM- MHD CITY i(k) MAJOR PERMIT FEE MATRIX Applicant: STEVENS TOWING CO. Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 04 0 ( til I I involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General S400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff R EC E K E D determined that additional review and written DWQ DEC 11 2015 concurrence is needed because of concerns related to water quality or DCM- M.HD CITY Hcan aquatic life: III(D). If General Water Quality Certification No. 601($285) 40% ($160) 3490 (see attached) cannot H$475 be applied: IV. For development that involves the filling and/or 6040% ($190) excavation of more than one acre of wetlands and/or open water areas: PAT MCCRORY manor - DONALD R. VAN DER VAART Environmental Quality October 22, 2015 RECEIVED Brian Rubino OCT 2 6 2015 Quible & Associates, P. C. Post Office Box670 DCM- MHD CITY Kitty Hawk, North Carolina 27949 Re: Steven's Towing — Chowan River Barge Facility CAMA Major Permit Application Dear Mr. Rubino: The NC Division of Coastal Management hereby acknowledges receipt of your preliminary application for Steven's Towing on October 21, 2015, for a barge landing on the Chowan River. Initial screening of the submittal package has been conducted per 15A NCAC 07J.0203 and 07J.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am retaining the original submittal package so that I may continue reviewing the project. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Initial screening of the application packet has identified the following deficiencies: Application Forms: ■ Form DCM-MP-1: - Verification of each riparian notification is required. Receipts of the certified notification are required at the time of application, and the green signature cards are required prior to issuance of a permit. ■ Form DCM-MP 2: - Excavation and Fill Table Riprap shown on the plan (along the shoreline) is shoreline stabilization therefore should not be on the Excavation and Fill form. Please clarify and include a site specific cross section drawing showing how the bank will be graded to keep riprap above NWL as shown. - Number 3. a. Number 3. d. the proposed bulkhead will be a maximum of 10' waterward of NWL. Based on that information the average distance cannot be 0'. ■ Form DCM-MP-3: - g. The area of proposed impervious surface is 1,132sf per the application, and the area of the 30' buffer is 33,960sf. The total area of lot cover in the 30' buffer is 3.34% not .63%. Please correct as needed on the application. --,� Noti7ing Compares _ State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1 252.264-3723 [fax] An Equal Opportunity\ Affirmative Action Employer Brian Rubino Quible & Associates, P.C. October 22, 2015 Page 2 n. This should only include the area where dredge spoil will be placed and not include the area of the berm. 2. Narrative: - Please note under "Dredging" the total area of the spoil retention site and its holding capacity in cubic yards. If the spoil area is not sufficient to hold all anticipated dredge spoil (as discussed) describe how material will be removed and where it will be stored on site (Shown on plans). - Please describe how barges will be removed from the river. Based on the Cross -Section drawing "C — C" barges will hit the bottom of the concrete ramp 90' waterward of NWL in —2.5' of water, making it difficult to use inflated rollers. - Please note the draft of the barges when unloaded. - Please clarify how "wash down water" from the maintenance bay will be filtered and piped to the infiltration basin as shown on the plans. The narrative states that a "French" drain will be used, which typically refers to a perforated pipe with/or without gravel or a sleeve. This would allow water to filter out before getting to the infiltration basin. In addition, an infiltration basin is designed to store water until it gradually infiltrates into the soil strata. How will trace solids in the water be removed over time? 3. Drawings: - The plan view drawing shows a base width of —45' for the spoil retention berm and the cross- section drawing shows 62.5'. Please correct as needed for consistency. This will impact the slope of the berm and the strength of the wall. - Please show the freeboard from the top of the berm indicating the limit of fill to be placed in the spoil retention area (Section D — D). - The drawing of the ramp (Section C — C) appears to be incomplete. It fails to show a gate, a drain or how the barge will get into the bay short of being dragged across the concrete ramp. The use of "inflated" rollers to remove the barge from the water does not appear to be feasible, as shown. - Section C - C shows 4' x 4' blocking under the barges. This is not a size easily handled without mechanical assistance. Could you clarify how blocking will be placed under a barge? - Please use an equal vertical and horizontal scale on the cross-section drawing. The drawing used is confusing given the amount of development being shown. - Please correct impervious cover within the AEC under Notes. - Please separate the proposed bulkhead length from the return walls under the Notes. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me at (252) 264-3901 if you have any questions regarding this letter, the permitting process or if you would like to meet and review the revised application packet for completeness. Sincerely, Lynn W. Mathis Field Specialist NC Division of Coastal Management Cc:aBMTF uggett, Major ermits Coor in DCM, Morehead City - Frank Jennings, District Manager, DCM, Elizabeth City Simon Rich III, Steven's Towing