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HomeMy WebLinkAbout82-20 Minor Mod Preservation Point Partners LLCPermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermin 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 Permit Number 82-20 Issued to Preservation Point Partners, LLC, 9821 Cogdill Road, Suite 1, Knoxville, TN 37932 Authorizing development in New Hanover County, adi to the North East Cape Fear River and Smith Creek, at 1505 Castle Hayne Rd., as requested in the permittee's email dated 9/8/21, including the attached workplan drawings (3), Sheets D1, D2, and SP-02, all dated "Received Mar 03 2022". This permit, issued on August 22, 2022 , 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 )e subject to tines, imprisonment or ctvu action; or may cause the permit to De nuu anc voiu. Marina Layout Modification 1) This permit authorizes the reduction in size of the floating finger piers and docks, the relocation and expansion of the authorized gazebo, 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit does not authorize any new formalized boat slips. The marina is authorized for no more than 98 formalized boat slips. (See attached sheet 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, 2023 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. ZZ j For Braxton C. Davis, Director Division of,Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Preservation Point Partners, LLC Permit No. 82-20 Page 2 of 2 ADDITIONAL CONDITIONS 3) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 4) The roof of the gazebo shall not be designed for second story use. USACE Conditions 5) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 1 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) This Minor Modification shall be attached to the original Permit No. 82-20, which was issued to the permittee on 7/29/20, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 10) All conditions and stipulations of the active permit remain in force unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2019-00719. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 201905540 NOTE: A minor modification application processing fee of $100 was received by DCM for this project. DCM Coordinator: hA41C Permit #: U 2 ^ Z6 MAILING DISTRIBUTION SHEET Permittee: FiC"'c A' ��.� for�rer� t! %C iS? I Qortl i-C"� )� -TIV5393Z Agents: Y 1, .4 DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington (with revised work plan drawings) Wilmington [ h (OBJECTIONS ) 7.yr. Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins/ Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson ROY COOPER Gavermr ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM TO: Cameron Luck NORTH CAROLINA Environmental Quality April 14, 2022 Assistant Major Permits Coordinator, MHC FROM: Katharine Elks Field Represental THROUGH: Tara MacPherson District Manager, DATE: April 14, 2022 SUBJECT: Modification Request for State Permit # 82-20 Preservation Point Partners, LLC, Wilmington, New Hanover County Southern Environmental Group, Inc., on behalf of Preservation Point Partners, LLC are requesting a minor modification to State Permit # 82-20. State Permit # 82-20 was originally issued to Preservation Point Partners, LLC on July 29, 2020 to construct a 133 unit subdivision, amenity area, boardwalks, a 98-slip community marina on the Northeast Cape Fear River, and 2 kayak launches along Smith Creek and an unnamed tributary, in Wilmington. State Permit # 82-20 is due to expire on December 31, 2023. The actions proposed include a reduction in size of the Floating finger piers from 6' wide to 4' wide, creating an overall reduction in the square footage of component M-2. Component MA and M-5 would also be slightly reduced in length to accommodate a longer access ramp to achieve a slope that is ADA accessible (see sheet D- 1 and D-2 received on 3/3/2022). Additional changes include shifting and expanding the 15' by 15' gazebo from its authorized location on the northern landward (mainland) side of the 10' boardwalk. The proposed new location would be on the southern side of the 10' boardwalk, approximately 53.2' east from the landward terminus. The structure would be utilized as an emergency fire vehicle storage and expanded to approximately 18' by 14' with a 5' wide slatted deck walkway on three (3) sides. The roofed structure and 5' wide walkway would be positioned outside of mapped §404 wetland, however an additional boardwalk approximately 23' in length needed to connect the structure to the 10' wide boardwalk would be elevated over §404 wetland (see sheet SP-02). The applicant has submitted a check (check No. 10575) in the amount of $100 for the modification request. As proposed, this office has no objection to the proposed project modification as long as there are no objections from other the agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(5). By copy of this memo, DCM Is requesting that USACE and NC DWR provide any comment that your agency may have on the proposed project to Cameron Luck of D 's Morehead City office within 14 days of receipt of this memo. cc: Wilmington Files New Hanover Count Applicant, Preservation Point Partners, LLC NC DWR — H911ey Snider USACE D_E Qi� North Carolina Department ofEnvironmental QmMy I DlNslonofCoastal Management Wilmington Office 1 127 Cardinal Drive Exterulon I Wilmington, North Carolina 28405 910.796.7215 Elks, Katharine B From: Elks, Katharine B Sent: Monday, April 4, 2022 11:14 AM To: dlutheran@segi.us Subject: RE: [External] Sunset Reach, Chair Road #17-14 Hi Dana, After talking with Tara, we feel Sunset Reach should renotify for the proposed pier and stormwater pipe relocation. I don't think notification is necessary for the changes proposed at Preservation Point. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 N:. "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: dlutheran@segi.us <dlutheran@segi.us> Sent: Monday, April 4, 2022 10:45 AM To: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: RE: [External] Sunset Reach, Chair Road #17-14 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Revert Soam. Thank you, Katharine. One more thing, I forgot to ask, do we need to notify the APO at Preservation and Sunset, if we are able to go that route? ,Southem Environmental GOUP, [nc 5515 South College Road„Suite E Wilmington, NC 2E412 Elks, Katharine B From: dlutheran@segi.us Sent: Thursday, March 3, 2022 10:02 AM To: Elks, Katharine B Subject: RE: [External] CAMA Major Permit Question - Preservation Point Attachments: Pres. Point CAMA Major Mod. Marina Plans Sheets D-1&2.pdf, Pres. Point CAMA Major Permit EMS Storage Bldg. to DCM Sheet SP-2.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi, Katharine. As discussed, I am emailing you the plan sheets that illustrate the modifications to the marina proper and to the area where the EMS storage building is to be located. As you will see, on Sheets D-1 and 2, the finger piers have been reduced to 4' wide, rather than 6', which reduced the length of Component M-2 by 1000 LF. They also adjusted the length of some of the finger piers. Overall, these changes reduced the footprint of marina. Additionally, during the construction process, it was determined that M-4 was too steep to meet ADA requirements, thus M-4 was reduced by 100 LF. Lastly, on Sheet SP-2, which shows the EMS storage building, which was originally submitted on Sheet A-1, you will see the EMS building has been relocated, to the south side of B-1A. This was due to the Fire Chief requesting the building be enlarged, which required relocating the structure, to avoid shading Section 404 wetlands. A 5' wide boardwalk, which is to be at least 3' above the substrate where crossing Section 404 wetlands, provides access to the building, from 131-1A. I don't think this should be an issue, since elevated, pile supported structures, less than 6' wide, are exempt from USACE permitting. Could these changes be processed through a letter of refinement? Dana Dana A. Lutheran Southern Environmental Group, Inc 5515 South College Koad, Suite E Wilmington, NC za41 z Office: 9l o.t5z.z71 I Mo6ile: 9 l o.zza. 18+ 1 (preferred) www.seGi.us From: Elks, Katharine B <katharine.elks@ncdenr.gov> Sent: Wednesday, October 6, 2021 3:02 PM To: dlutheran@segi.us Subject: RE: [External] CAMA Major Permit Question - Preservation Point Hi Dana, Yes. Thank you, this makes it easy to see the changes. When you have the other components of the modification please email or drop them off and I'll get the process started. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 NC. �"Nothlng 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: dlutheran@segi.us <dlutheran@segi.us> Sent: Wednesday, October 6, 2021 2:00 PM To: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: RE: [External] CAMA Major Permit Question - Preservation Point CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi, Katharine. I had the engineer put the old layout on the plan (see attached). As you will see, Component M has been reduced to 816 LF. The only other changes are the lengths and locations of the finger piers. Does that help? Dana Dana A. Lutheran 5outbem Environmental Group, Inc. 5515 South College [load, Suite E Wilmington, NC 18t 11 Office: 910.t51.171 I ►vjo6ile:91o.22a.I8ti (PMfemed) www.se.Qi.us From: Elks, Katharine B <katharine.elks@ncdenr.Rov> Sent: Tuesday, September 28, 20217:54 AM To: dlutheran@segi.us Subject: RE: [External] CAMA Major Permit Question - Preservation Point Hi Dana, I would be interested to know which slips changed length. Is there a way to highlight them or did they all change? This does look like we could process under a minor modification. For the mod. we would need a written request detailing the proposed changes, neighbor notifications indicating no objection to the changes, a copy of the permit (which I can get if needed), and a check for $100 to NC DEQ. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington. NC 28405 —>''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: dlutheran@segi.us <dlutheran@segi.us> Sent: Monday, September 27, 2021 11:42 AM To: Elks, Katharine B <katharine.elks@ncdenr.sov> Subject: RE: [External] CAMA Major Permit Question - Preservation Point CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. ARGH! Currently authorized layout attached. Dana A. Lpt6eran Southern F nvironmental GrouP, Inc 1515 South College Road, Suite E Wilmington, NC 28t12 Office: 910.452.271 1 Mo6ile:910.228.18+1 (preferred) www.segi.us From: dlutheran@se¢i.us <dlutheran@sesi.us> Sent: Monday, September 27, 2021 11:41 AM To: 'Elks, Katharine 8' <katharine.elks@ncdenr.eov> Subject: RE: [External] CAMA Major Permit Question - Preservation Point Hello, Katharine. I received the revised marina layout (see attached). The length of the finger piers changed and they increased the width from 4' to 6'. 1 believe it meets the conditions of a minor mod, but wanted to check with you first. Do you mind taking a look at it. I've attached the currently authorized layout, for your convenience. Also, if a minor mod is applicable, would you refresh my memory on what I need to submit for a complete application? It's been a while since I've done this. Thanks a bunch. Dana A L ut6eran 5outbem Environmental [group, Inc. 5515 5out6 College [load, Suite E Wilmington, NC 28412 Office: 910.452.271 1 Mo6ile: 9 10.228.18+1 (preferred) www.begi.us From: Elks, Katharine 8 <katharine.elks@ncdenr.Rov> Sent: Wednesday, September 8, 20214:10 PM To: dlutheran@segi.us Subject: RE: [External] CAMA Major Permit Question Hi Dana, Guidelines that help distinguish what type of modification should be used are in 15A NCAC 7.1 .0405 ( c ) attached. These do not cover all variety of modifications though. Typically, if the proposed changes expand the footprint or number of slips then it would be a major modification. If the applicant wants to expand the width of the finger piers from 4' to 6' wide and the extra width could occur within the existing permitted footprint (no expansion) then I think it could be done as a minor modification. Hope this helps, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 -' 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: dlutheran@seRi.us <dlutheran@segi.us> Sent: Wednesday, September 8, 2021 2:10 PM To: Elks, Katharine B <katharine.elks@ncdenr.Rov> Subject: [External] CAMA Major Permit Question CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi, Katharine. If I have an active CAMA Major permit for a marina and they are now wanting to increase the width of the finger piers from 4' to 6', what process would that need to go through (i.e.. LOR, minor or major mod). What is the difference between a minor and major mod, in a nutshell? Feel free to call. Dana Dana A. Lutheran rjouthem F,nvironmental Group, Inc. 5315 South College [load, Suite E Wilmington, NC 28+12 Office: 910.432.271 I Mo6ile: 9 10228. 16+1 (preferred) www.segi.us DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 3, 2022 Regulatory Division Action ID No. SAW 2019-00719 Preservation Point Partners, LLC Attn: Scott Rye 9827 Cogdill Road, Suite 1 Knoxville, TN 37932 Dear Mr. Rye: Reference your application for a Department of the Army permit to modify the dimensions of the marina portion of your previously authorized (August 10, 2020) project. The floating finger piers of the marina will be reduced in width from six (6) feet to four (4) feet and six (6) finger piers will be eliminated. This thus will reduce the total length of the Floating T-Head Dock to 7700 linear feet (Component M2). Components M-4 and M-5 would also be slightly reduced in length to accommodate a longer access ramp to achieve a slope that is ADA accessible. This modification will result in an overall open waters shading reduction of 1,938 square feet. Additional changes include shifting and expanding the 15' by 15' gazebo from its authorized location on the northern landward (mainland) side of the 10' boardwalk. The new location will be on the southern side of the 10' boardwalk, approximately 53.2' east from the landward terminus. The structure will be utilized as an emergency fire vehicle storage building and expanded to approximately 18 feet by 14 feet. There will also be a connecting 6 feet by 23 feet boardwalk that connects this building to the main 10-foot boardwalk. The previous location of the gazebos shaded wetlands. The new location of the fire vehicle storage building does not impact wetlands, but the connecting boardwalk does. This will result in an overall wetlands shading reduction of 87 square feet. The entire original proposal along with this permit modification are being authorized under the new RGP-291 Permit since the permit that originally authorized the project has expired. All pertinent conditions and Special Conditions are still in effect. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, PGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. -2- If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Revised Plans Previous Plans Manatee Guidelines GP 291 conditions Copies Furnished by Email (with enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram Southern Environmental Group, Inc.; Ms. Dana Lutheran -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Atlantic and Shortnose Sturgeon: In order to protect these anadromous fish, no work associated with the construction of the marina will be permitted between the dates of February I st and June 30th of any year without the prior approval of the Corps. 3. Pile driving work for construction of the marina must only be accomplished by the "vibratory hammer" or the "jetting" methods. If the "jetting" method is utilized, installation of a turbidity curtain is required. 4. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project within waters and/or wetlands outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters and/or wetlands outside the permitted area. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. Approval of the structure (marina) is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. DocuSign Envelope ID: 09249905-440E-4F1 D-B837-0114E39BB560 ROY COOPER Governor ELIZABETH S. BISER Senetary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 31, 2022 D W R # 20190554v3 New Hanover County Preservation Point Partners, LLC Attn: Scott Rye and Matt Logue 9821 Cogdill Road, Suite 1 Knoxville, TN 37932 Subject: Approval of Individual 401 Water Quality Certification Preservation Point (1505 Castle Hayne Road —Wilmington, NC 28401) USACE Action ID. No. SAW-2019-00719 Dear Messrs. Rye and Logue: Attached hereto is a copy of Certification No. WQC004904 issued to Scott Rye and Matt Logue and Preservation Point Partners, LLC, dated May 31, 2022. This Certification replaces the Certification issued on June 6, 2020. 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 this Water Quality Certification. If you change your project, you must notify the Division and you may be 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. Please understand that the waters around your project area have been identified as a Nursery Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required rederal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. �E'��� North Carolina DepanmentofEnvimnmeatal Quality l Division of Water Resources 512 North Salisbury Street 1 1617 Mad service Center I Raleigh, North Carolina 27699-1617 r�.dsp�m o-s\ 919.707.9000 DocuSign Envelope ID: 09249905-440E-4F1D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification kWQC004904 Page 2 of 13 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.51. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.eov if you have any questions or concerns. Sincerely, DocuSitloed by: EKie'� -�I� E]ABA14AC7DC434... Morelia Sanchez -King Regional Operations Supervisor D_ENoah CamlinaDeparnnentofEnviannmentalQuality I Division of WaterResoumes 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707,9000 DocuSign Envelope ID: 09249905-440E-4F1D-B837-0114E39BB560 Preservation Point Partners, LLC D W R# 20190554v3 Individual Certification #WQC004904 Page 3 of 13 Electronic cc: Dana Lutheran, SEGI Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename:2019054v3_Preservation Point_IWQC_NHCo.May.22.docx North Carolina Departmentnm of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 MM 919,707.9000 DocuSign Envelope ID: 09249905-440E4F1D-B837-0114E39BB560 Preservation Point Partners, LLC D W R# 20190554v3 Individual Certification #WQ0004904 Page 4 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004904 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Scott Rye and Matt Logue and Preservation Point Partners, LCC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on April 18, 2022, and by Public Notice issued by the Division of Coastal Management on April 18, 2020. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with -the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Plan Location or Reference 404/401 Wetlands (Permanent) Approx. 4,241 SF (0.097 acres) Project narrative (dated CAMA Minor Mod Emergency Approx. 252 SF (0.005 acres) 2/10/2020, revised Vehicle Storage 6/15/2020) Coastal Wetlands (Temporary) Approx. 35,320 SF (0.81 acres) Sheets 1-12 (dated 2/10/2020) Sheet SP-02 (dated 4/26/2021) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and ®E ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 .uo .+r®wmw� DocuSign Envelope ID: 09249905-440E-4F1D-BB37-0114E39BB560 Preservation Point Partners, LLC D W R# 201905540 Individual Certification #WQC004904 Page 5 of 13 that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 028 .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. Citation: 15A NCAC 02H .0502 (a) and 15A NCAC 02H .0506 (b)(1) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Prior to operation of the facility/project, as -built drawings (which can be shown on an aerial or done as a survey) shall be submitted to the Wilmington Regional Office. Citation: 15A NCAC 02H .0507'(c) and 15A NCAC 02H.O506 (b)(1) and (2) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigl4 North Carolina 27699-1617 1 919.707.9000 DocuSign Envelope ID: 09249905-440E-4F1D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification #WQC004904 Page 6 of 13 Citation: 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 6. Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 15A NCAC 02H .0506 (b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided far in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture ...more depending on classification); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .05O6(b); 15A NCAC 02H .O507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15ANCACO2H.0506; 15ANCACO2H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 9. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). North Carolina Department of Environmental Quality I Division of Water Resources D ��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 aWb,YN4�lwumtdR� DocuSign Envelope ID: 09249905-440E-4F1D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification #WQC004904 Page 7 of 13 Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .05O6(b), 15A NCAC 02H .O507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protectsuch uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: onlysuch amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU, • if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has D ��� Noah Carolina Department of Environmental Quality I Division of Water Resources 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919,707.9000 4eo��mnnYmmeW mq� DocuSign Envelope ID: 09249905-440E-4F1D-B837-0114E39BB560 Preservation Point Partners, LLC DWRR 20190554v3 Individual Certification #WQC004904 Page 8 of 13 released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due. to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H.0507(c), 15A NCAC 02B .0200,,15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units Noah Carolina Depanment of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 mumnn.n..ewmm� 919.707.9000 DocuSign Envelope ID: 09249905-440E-4F1 D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification #WQC004904 Page 9 of 13 (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .05O7(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 14. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 919.707.900D aopeanvlafM�eMY@vM DocuSign Envelope ID: 09249905-440E-4F1D-BB37-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification #WQ0004904 Page 10 of 13 for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b),,15A NCAC 02H .0507(c), 15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617 �\ r 919.707.9000 �`F�mANn�Y®41 PaLrV . DocuSign Envelope ID: 09249905-440E-4F1 D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 201905540 Individual Certification #WQC004904 Page 11 of 13 16. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .O506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, ore protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.O5O6(b); 15A NCAC 02H.0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 19. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry D North Carolina DepartmemofEnvironmentalQuality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 EQ�� .0 marm..en.imm,� 919.707,9000 DocuSign Envelope ID: 09249905-440E-4F1 D-B837-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification tlWQC004904 Page 12 of 13 material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c),,15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C. G.S 143-215.85(b) OrIDEQ'� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 MOM" � 919.707.9000 rxwrnmero.....eoa m Zw /`� DocuSign Envelope ID: 09249905-440E-4F1D-B637-0114E39BB560 Preservation Point Partners, LLC DWR# 20190554v3 Individual Certification #WQC004904 Page 13 of,13 Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 43O3(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .O5O6(b), 15A NCAC 02H .O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .O5O6(b); ISA NCAC 02H .OSO7(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts.. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. (15A NCAC 02H .0507(c)] This, the 31st day of May 2022 EK ooeusianea ty: bmL ,t smtkv� —(Ctl j E3ABAMAUDC434... Morelia Sanchez -King Regional Operations Supervisor MSK/hs OrDEQ� NonhCarolinaDepartmentofEnvimnmentalQuality I Division of Water Resources 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 wpmnaaru,w®mmm� /'� Luck, Cameron A From: Bouffard, Christine <CBouffard@nhcgov.com> Sent: Thursday, May 19, 2022 8:34 AM To: Luck, Cameron A Subject: [External] FW: CAMA Minor Modification Request: Preservation Point Partners, LLC # 82-20 Attachments: Preservation Point Partners, LLC #82-20 minor mod NH.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. New Hanover County has no objections. Thank you, Christine Christine Bouffard Zoning Compliance Official New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7074 p 1 (910) 798-7053 f CBouffard@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCaov.com From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Thursday, April 14, 2022 2:04 PM To: Bouffard, Christine <CBouffard@nhcgov.com>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; Snider, Holley <holley.snider@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; SVC_DCM.MHC.Admins <DCM.MHC.Admins@ncdenr.gov> Subject: CAMA Minor Modification Request: Preservation Point Partners, LLC #82-20 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good Afternoon, Please accept this request for a CAMA Minor Modification to Major Permit No. 82-20 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before April 28, 2022 at cameron.luck@ncdenr.gov or (252) 808-2808 ext. 228 with your questions, comments or concerns. Thank you, Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments j 4/14/2022 Preservation Point same First Bank 10575 $100.00 1 minor mod fee, #82-20, 1505 KE rct. Partners Castle Hayne Rd, Wilmington 16966 NHCo EDGE OF MARSH 11� C � COASTAL1 WETLAND MIX M rrtv.1�f' COASTAL1 JNE M-6 COMPONENT=300 SF 156(L) X 2'(W) DEBRIS DEFLECTOR/ BREAKWATER (-SEE NOTE) 91' DOCK TO DEFLECTOR U% M-4 COMPONENT=1,010 SF t"5LE NOIL) 100' BUFFER -.-- 1/4 CHANNEL WIDTH (MARSH _ LINE TO MARSH LINE) C-----'' ' The debris deflector/breakwater will be made of three 10 in. construction grade dredge pipes with composite block spacers in between. The pipe closest to the surface of the water will be COMPONENTS GROSS AREA 00 filled with foam to allow for floatation. The piping will be (SEE SHEET D-2 FOR DETAIL & PROFILE) 'm anchored by timber pilings and will extend approximately 3.5 It M-1= 680 SF below the surface of the water. Timber pilings will be spaced M-2= 7,7G0 SF every 8 It and will all have sdor powered navigation M-3= 680 SF -O lights on the upstream side. A sdor powered navigation light will M-4= 1,,610 SF 960 SF 0 also be located on the downstream side of the outermost piling M-5= 3,866 SF 3210 SF m (waterward). In addition, the 40 on top of the pipe running the M-6= 300 SF full length of the structure will be painted with reflective paint. M-7= 300 SF A The structure will be 150 ft in length. TOTAL= -13,93iOSF 13,830 SF TURNING BASIN 0 100' BUFFER C AM DOCK 1 COMPONENT=680 SF D LF X 85 LF) D DOCK DEFLECTOR SOLAR NAVIGATION LIGHT J ('SEE NOTE) M-7 COMPONENT=300 SF 150'(L) X 2'(W) DEBRIS DEFLECTOR/ BREAKWATER (-SEE NOTE) NAVIGATION CHANNEL NORTH • • 150 300 BAR SCALE • 1 1 REFLECTIVE PAINT.1C. 4'X4' BEAM W1 REFLECTIVE PAINT.--. 1 DREDGE s:::-r::_.���ezrr:r....-r�:r�s-rec:::::-cs::�:e::::;:-rsu:c.., PIPES ■I■I■I■I■I■I■I■I\i4■I■I■I■I■I■I■I■� 1 " 11 BOTTOM li• BOTTOM DEBRIS DEFLECTOR DETAIL SCALE: 1:20 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cideng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 .itel4i..IVEL) Mint 0 3 2022 f TON, NC PROPOSED MARINA PLAN I APPROVED: JBP PROJECT: 989.01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-1 SHEET 8 OF 12 SANS SOUCI ISLAND CONTEXT MAP SCALE: 1-=200'—O' PARCEL LINE I • Y � � X 1 x LDLOOC FLOODZONELCIMXTO .AE.FSHM° SRRE UK SFE=9• 1 -SHAI X v \✓ I LREER BOAROWAIe ICN.° W v `P�\`\ \ RAMP SLOPE - e.1 i /eo BLOC. SEIBACF LINE OIL. EASEMENT RAM E S'� F %° 5Y RDA BUFFER x• x �,. �� za.v 1 A II, x T5• AEC SETBACK �ti f0.0. i +i x'• x° x° i� �x�• x.. 130 i A % srANrosE StANDP aNAOE / Y �� ' tE • � ° rfz v ' • � • / " rr 14' EMERfFAEx E 5TOR AREA. SEE SHEET / / \ FOR DETAILS. I •/.A" I BLDG FFE-11• 5'XWIDE EMIT ROUTE- (2' AWW SEE 9•) FRIXA REAR OF BLDG... ex 11 x YA X X \ / / x' 1ETLND ` .i1 ".. R zl2 %' XS X %'/+++x3T3'WT+r% + / X / EMERGENCY VEHICLE GARAGE PLAN SCALP: Y=lO'—O- lwicr-1 EMERGARAGEGENCY • I VIER O s 201.1 VEHICLE NOT RELEASED FOR CONSTRUCTION ISSUED FOR AGENCY REVIEW ONLY Coastal Land (laslOn, PLLC ro PRESERVATION POINT PARTNERe, LLC. aa2T COGDILI RD. STE D � KNOIMLLE, TN JTBJt i eaU j a a a ) U P • SEE SHEET D-1 FOR TURNING BASIN AND i -5 BIER 3,27 M-5 COMPONENT= SF \ i _ ANGATION CH EL Lp� ON TENSI 3 CA 10.0 LF \ •WE LF X'"a - • aA HI COASTAL TLAND LINEOCK MARSH LINE n �` M-4 OMPONENT= �--'�-�"✓ (10 LF MEAN LOW WATER FLOATING D K D r`LI�i�OOMPONENiY680 - 96 �--= FLOATING T-HEAD / v(8.0 LF X 85 LF) --_�� M-2 COMPONENT=7,700 SF FLOATING DOCK (10 LF X 770 LF) M-1 COMPONENT=680 SF 0 LF X 85 LF) N _ Cr U id.+s inn• dil tl:13 is 1 >Sc s f M' it :n} >.i ,. 4: Si f: "11 �i j 5u 5}R to .V.1 -I N. kn — }rl 1 �, 48 9 0 IL - 1 2 4 -�q( 9 11 114\ JS 1 18 1 0 yid 4 2 ;] 28 30 3 34 36 91 4 5 fj 47 Ib - JJ % J'J 5 1 /!. S 3 3 J �9 .. 51 iJ 4 15 4 „ I♦ I (1,4JJJ 19 CJ 1 _ - hI 1411. I r w.me ® — � - / 91152 5 55 7 58 60 61 2 3 6 65 66 7 68 6I 70 74 75 77 80 1 82 8 84 S5 87 88 90 91 3 94 59 98 = fff7 - 179 A - TIE PILING (TYPICAL) 1.285 LF BETWEEN 51 TOTAL PILINGS MARSH LINES 1/4 CHANNEL WIDTH (MARSH LINE TO MARSH LINE) - FINGER SLIPS: M-7 COMPONENT=300 SF .... _ _. - X 2'(W(*SEE DEBRIS DEFLECTOR/ 32 = 32' X 4' FINGER M-6 COMPONENT=300 SF---- BREAKWATER - NORTH 13 = 40' X 4' FINGER 150'(L) X 2'(W) DEBRIS - 80 0 _ 80 160 ' X 4' FINGER DEFLECTOR/ 1 T 48AL=38 PROPOSED DOCK, BOAT SLIP, & PIER DETAIL PLAN TOTFINGERS BREAKWATER (•SEE NOTE) SCALE 1-=80' BOAT SLIP COUNT: BAR SCALE 1"=80' 70 - 32' X 13' SLIP 26=40'X15'Sup[ �- _ 2 = 46' X 18' SLIP----- TOTAL=98 SUPS.,_. — -... -. . 5 .. _--__.:. '91114 _- 10' WIDE FIXED �' _ :.. _ _: YINIMUM1.� _ z :_ 5 �----- 11 --- - - — WOODEN PIER-- m. _ PROPOSED MARINA PROFILE VIEW (B THRU UPLAND) 98 TOTAL SLIPS 10' MADE T-HEAD FLOATING DOCK SCALE 1'=20' GANGWAY--,- _-_-_--- MEAN LOW WATER=0.0 --_� - - -5 — — - - — -- DEPH}I=9 a1LYl== _ _— PONENT to- WIDE f _I - _ — 10- -- -15 PROPOSED MARINA PROFILE VIEW (A THRU B) SCALE 1"=20' Coastal Land Design, PLLC Civil Engineering I Landscape Architecture Land Planning I Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilrrlinglon, NC 28402 Fax: 910-254-0502 w+wv.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE. TN 37932 PROPOSED DOCK, BOAT SLIP, & PIER DETAIL PLAN APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-2 SHEET 9 OF 12