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HomeMy WebLinkAbout172-96 Letter of Refinement Lamb, Larry._:i$IiJ Mr. Larry Lamb Post Office Box 158 Camden, North Carolina 28921 Dear Mr. Lamb: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT 1 February 1999 Pr^aIVED FEB 0 2 1999 COASTAL MANAGEMENT This letter of refinement is in response to Mr. George Wood's 27 January 1999 request, on your behalf, to modify Major CAMA Permit No. 172-96 issued to you on 18 December 1996. Permit No. 172-96 authorized excavation associated with "Lambs Boating Facility" on Roland Creek off the Pasquotank River in Camden County, North Carolina. Your request to modify the aforementioned permit to allow the following: (1) change from hydraulic dredge to a clam shell bucket and dragline on a barge within the existing canal with two offloading points; (2) excavation of a 60 foot long by 28 foot wide barge offloading site; (3) installation of three temporary mooring pilings to assist barge offloading; and (4) combine the spoil area(s) as depicted on the amended plat dated 29 January 1999 is hereby authorized with the exception of number (2)% the excavation of a 60 loot long by 28 foot barge offloading site which has already been completed and is the subject of Notice of Violation No. 99-01A issued to you on 21 January 1999. Any attempt to convey an "after the fact" CAMA permit is specifically denied by statute and follow up reference the unauthorized excavation will be via the enforcement procedures of this Division. Thank you for your time and cooperation in this matter. If you have questions please don't hesitate to contact me or Mr. Ed Harrell in the Elizabeth City Office at (252) 264-3901. Sincerely, VTeMocr:g� District Manager Division of Coastal Management Washington Regional Office and Elizabeth City Office TEM:pp Cc: Charles Jones Ed Harrell , ,16hn Parker WASHINGTON REGIONAL OFFICE 90J WASHINGTON SQUARE MALL, WASHINGTON, INC 2T8R9 Raleigh Bland PNON9252-940-5451 FAX 252-9D5-9T15 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER <r . State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Larry Lamb P.O. Box 158 Camden, NC 27921 RECEIVED MAR 16 1999 COASTAL MANAGEMENT DIVISION OF WATER QUALITY March 12, 1999 e'� RCDENR NoR CVtou" DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCE$ Subject: Stormwater Permit SW7990214 Lambs Boating Facility Spoil Disposal Site Camden County Dear Mr. Lamb: This office received a copy of your erosion control plan and supporting information on February 19, 1999. This application has been assigned the number listed above. A preliminary review of your project has been completed. The following additional information is needed before a permit can be issued: - completed stormwater application along with a $ 420.00 fee - site plan showing development & stormwater control measures The above information must be submitted within 30 days, or your application will be returned as incomplete. If you have questions, please feel free to contact me at (252) 946-6481, extension 264. Sincerely, William J. Mo`ore Environmental Engineer Washington Regional Office cc: j'o n Parker, DCM-Raleigh Camden County Inspections Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-975-3716 An Equal Opportunity Affirmative Action Employer Ju H. Skot corny State of North Carolina Department of Environment and Natural Resources Washington Regional Office DIVISION OF LAND RESOURI LAND QUALITY SECTION March 10, 1999 Mr. Lary Lamb Post Office Box 158 Camden, North Carolina 27921 RE: Erosion and Sedimentation Control Plan Lambs Boating Facility US 158, Camden - Camden County Drainage Basin: Pasquotank Date Received: February 16, 1999 Responsible Party: Larry Lamb Dear Mr. Lamb: Wgoe MCDe e, S=M" RECEIVED MAR 11 1999 COASTAL MANAGEMENT This office has completed its review of the erosion and sedimentation control plan for the referenced 1.5 acre disturbance. We have determined the submitted plan for the construction of a dredge spoil area, if properly implemented, will meet the minimum- requirements of the Act and hereby issue this LETTER OF APPROVAL WITH the following MODIFICATION. A North Carolina Mining Permit for the entire area affected by the dredging activities will be required prior to removing any material from this tract. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program requiring a project owner or developer to protect adjoining natural resources and properties, both during and after construction, from the effects of accelerated erosion. It is YOUR RESPONSIBILITY to understand and comply with the requirements of the Act. In addition to any above listed modifications or conditions, the following also apply to the approved plan: — an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land -disturbing activity - has been undertaken; 943 Wwhivgt Sq M . W10dagM, Na CUGHM 27989 Tdepb 252-9466481 FAX 252-975-3716 Ao Eged Oppau-"EWIl 50% rm5de6110% pmppn Mr. Larry Lamb March 10, 1999 Page 2 a copy of the latest approved soil erosion and control plan must be on file at the job site; a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent property or watercourse; — new or affected slopes must be at an angle that can be retained by vegetative cover; -- (effective Oct 1, 1998) barren slopes must be provided with g ground cover sufficient to restrain erosion within the shorter of 15 working dW or 30 calendar days of completion of any phase (rough or final) of grading (RYE GRASS I NOT in the approved seedtngspecications nor is it an ACCEPTABLE substitute for the providing of a ground cover); -- unless a temporary, manufactured, lining material has been specified a clean straw mulch must be appliea4 at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked with an acceptable tacking material, or crimped in place; -- in order to meet the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and - the Sme between flue land disturbance and the providing of a ground is minimized; -- a permanent ground cover sufficient to restrain erosion, must be within the shorter of 30 working or 120 calendar days after completion of construction or development, and, -- this approval and the financial responsibility/liability cited in it does not automatically transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If the implemented plan is determined to be inadequate, this office may require that it be revised to comply with state law. Failure to comply with any part of the approved plan or with any requirements of this program, could result in the taking of appropriate legal action against the financially responsible party (Larry Lamb). One option is the assessing of a civil penalty of up to $500 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. It would be appreciated Mr. Larry Lamb March 10, 1999 Page 3 if you would contact this office to advise Mr. Bill Crew (252-946-6481, ext. 374) of the construction start-up date, contractor and an on -site contact person or, please, complete and return the attached Project Information sheet to the above named. The land -disturbing activity described in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404 jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations (contact Mr. Bill Moore, 252-946-6481, ext. 264), county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Sincer/el�y, ,// G� Patrick H. McClain, P.E. Assistant Regional Engineer PHM:pm Enclosures cc: (w/o enc.) Jay Johnson, Environmental Professionals John R Parker, Jr., Division of Coastal Management Terry Moore, Division of Coastal Management