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HomeMy WebLinkAbout20220527_ADI_Receiveda STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR May 20, 2022 Adam Parr Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Southdock Spoil Site A3 Mining Permit No. 48-14 Hyde County Tar -Pamlico River Basin Mr. Parr, J. ERtC Bom"m SECRETARY RECEFIVED MAY 2 7 2022 LAND MINING P OGRAM In response to the additional information that was requested on March 31, 2022, for the Permit No. 48-14 modification request, please see the information below. 1. Please show all Erosion and Sediment Control (E&SC) measures on the mine map including silt fence and berms. a. See Document I 2. Please provide construction drawings and maintenance requirements for all E&SC measures including but not limited to silt fence, berms, and any other measures used. a. The earthen berms are checked for damage regularly. If there is any damage identified the damage is repaired, and the berm is returned to its proper 15' height and 2:1 slope. 3. Please provide details and cross sections of vegetated earthen berms used for screening, barricading, E&SC as stated in the application. a. See Document 1 4. Please provide information on the use of the additional processing area to be added to the permitted area. a. The additional processing will not be used for any excavation or material deposits. The additional processing area is only disturbed when dredging events are taking place and the dredge pipe needs to be moved along the beach. The pipe will always empty into the mining area within the earthen berms. However, its location within the mining area can change, and when it does the pipe along the beach must adjust with it. Mai/irg Address: NCDRPAR EWOFI SMRTAMN NCDOT FRRRY Dww[ON 159 Luc A LANK Poweus Powr, NC 27966 Tk HONE (252)621-6251 CUSTOMERSmwm 1-877-3684968 WERSrrE: NCDOT.GGV 5. Please provide a corrected page 1 of the mine permit application showing, NCDOT-Ferry Division as the name of applicant and your name as the applicant contact. a. See Document 2 6. Please provide proof of appropriate permits from DCM and NPS as mentioned in your November 12, 2021 email. a. See Documents 3 & 4 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 NOTE: It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE - APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine County Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant Applicant Contact Applicant Email Telephone Cell Phone Permanent Address for Receipt of 3. Official Maim* Southdock Spoil Site A3 Hyde River Basin Tar -Pamlico 35.1899 75.7836 NCDOT Ferry Division Brian Doliber Consultant Contact bcdoliber@ncdot.goy Consultant Email 252-621-6251 Telephone 252-232-8025 Cell Phone 159 Lucinda Lane, Powells Point, NC 27966 4. Mine Office Address Same as above 5. Mine Manager Lance Winslow Mine Manager Email Iwinslow@nodotgov Telephone 252-621-6250 Cell Phone 252-333-7673 I certify that all details contained in this permit application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature*** 'FuQUy P&"" Print Name Brian Doliber Title Environmental Program Supervisor Date 03/31/2022 *This will be the name that the mining permit will be issued to and the name that must be Indicated on the reclamation bond (security) that corresponds to this site. **The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. ***Signature of comoany officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed, and all required maps provided before this application can be considered complete. Attach additional sheets as needed. Revised September 21, 2021 Page 11 - Permit Class ---------- MODIFIC A �rrnrr/MAJO R STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern Pursuant to NCGS 113A-118 Permit Number _ 224-87 . X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. DOT Fe Division 159 Lucinda Lane Powells Po' Autho ' ' m NC 27966 nzing development in Hyde County at Hatteras Inl et as requested in the permittee's application dated 2/26/21 inch ' Ana This Permit, 15sued on 1l 22202 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth be be subject to fines, imprisonment or civil action; or m low. Any violation of these terms may ay cause the permit to be null and void. 1) Unless specifically altered herein, this Major Modification authorizes width on the wesiern side of the current/ the following: (1) expand the 900 linear feet; and (2) place the excavated materiald entrance channel for a distance of approximately (3) expand the Southdock spoil site by 0.76 acres in an pipeline dredge at the Southdock spoil site, and needed; all as depicted on the attached workplan do an s and area to accommodate dredge material if g 2) in order to protect fisheries resources and threatened and endangered species, n mobilization and demobilization, shall be conducted between April lstto S 3 o work, including without prior approval of DCM, in consultation with the appropriate resour ee a encies. of any year g 3) Excavation shall not exceed -12 feet below the mean low water level specifically prohibited, and in no case shall the depth of excavation exec depth of edging c waters. teed the depth of connecting (See attached sheets for Additional Conditions) ' This permit action may be appealed by the permittee or Signed by the authority of the Secretary of D other qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commissio EQ and the Chair This permit must be accessible on -site to Departinent Personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires farther Division approval. All work must cease when the permit expires on December 31, 2026 z / I /Z ". � 4" 2 Braxton C. Davi , 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 N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #224-87 Page 2 of 3 4) If, during project activity, submerged materials of archaeological significance are encountered, permittee shall immediately cease work and notify DCM at (252) 264_3901, the No excavation shall take place at any time in any waters of the State outside of the all indicated on the attached workplan drawings, without permit modification.gnment of the areas The authorized activities will result in new impacts to approximate) 2. due to excavation. Y3 8 acres of surface waters 6) The authorized activity, including placement and removal of the pipelineshall or temporary impacts to wetlands or submerged aquatic vegetation SA , not result in any permanent ( V), without permit modification. 7) In accordance with commitments made by the permittee, in order to protect the endangered Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife West �� Guidelines, and strictly adhere to all requirements therein. 'The guidelines can be found ennce's httns://www fwsov/raleiah/ndfs/ManateeGuidelines2017 pdf. at 8) If emergency conditions require NCDOT to request approval to conduct Pipeline dyed April 1 st to September 30th moratorium, then areas of the Southdock Dredge Spoil dredging thin the been used by shorebirds as nesting areas in past years shall be surveyed. If an threatened Site that have endangered species or state Y and/or species of concern are found within the spoil site, then the permittee shall coordinate with the National Park Service (NPS), U.S. Fish and Wildlife Service SFWS Wildlife Resources Commission (WRC), and the spoil site may be closed to use. ) d N.C. 9) If a dredging methodology other than pipeline is proposed, or should additional dis sal sit methods be proposed, additional approval from DCM shall be re po es or disposal resource agencies. required, in consultation with appropriate Maintenance Clause 10) The existing maintenance clause provisions of the active Permit No. 224-87 shall a and associated spoil disposal that are authorized by this Major Modification. apply to the excavation Sedimentation and Erosion Control 11) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the N.C. Division of Energy, Mineral and Land Resources. 12) The permittee and/or its contractor shall contact the DCM Transportation Field Representative in Elizabeth City at (252) 264-3901 to request a preconstructton conference prior to project initiation. N.C. Department of Transportation Permit #224-87 Page 3 of 3 ADDITIONAL CONDITIONS 13) The permittee and/or its contractor shall provide for the proper storage and handling etc., necessary to carry out the project. of oils, chemicals, 14) The permittee shall exercise all available precautions in the day-to-day o waste from entering the adjacent waters and wetlands, Y Y Aeration of the facility to prevent 15) If it is determined that additional permanent and/or temporary impacts are the attached work plan drawings or described in the authorized permit 1 do' that are not shown on and/or additional authorization from DCM shall be required. In addition, an changesn, a permit modification plan may also require a permit modification and/or additional authorization fromin the approved ittee shall contact a representative of DCM prior to commencement of ansuch activityDCM. The t er mate and any permit modification. Y for this determination 16) Nothing in this permit authorizes any activity which has not received approval the Cape Hatteras National Seashore. from NPS for work within 17) The N.C. Division of Water Resources (DWR) authorized the proposed ro'ec No. 20170508 v. 2) under Water QualityCertification No. 004115. An violation of t on /26/21 (DWR Project approved by DWR shall be considered a violation of this LAMA permit. the Certification N_ The U.S. Army Corps of Engineers has assigned the project Action ID No. SAW 2017-00407. 18) This Major Modification does not eliminate the need to obtain any additional permits authorizations that may be required. - P ,approvals or 19) This Major Modification shall be attached to the original of Permit No. 224-87, which was 11/20/87, as well as all subsequent modifications, renewals and letters of refinement, and copies issued °n documents shall be readily available on site when a Division representative ' the a of all compliance. project for 20) All conditions and stipulations of the active permit remain in force under this Major altered herein. J Modification unless N. A major modification application processing fee of $475 was received b DCM for Y this project. NPS Form 10-114 (Rev. 01n0111) National Park Service Z a . SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, & Wight Brothers NMEM 1401 National Park Drive Manteo, NC 27954 R52) 475-9000 caha special use_permlts&ps-gov Name Catherine Peele Cornpany/organization NC Department of Transporl1ation — Ferry Division Street Address 159 Lucinda Point City State Zip Code Country Powells Point HC I 279M Telephone Number Cell Phone Nwnber 252-491-2635 252-305-7288 Fax Number Email Address cdpeele@ncdoL9av Park Alpha Code CAHA Type of Use Permit # 5700-028 is hereby authorized to use the following described land or facilities on the Cape Hatteras National Seashore Including the Southdock Ferry Terminal Bashe, State ferry channel and the Northern terminus beach of Ocracoke island inckm&* the am surrounding the tmrrdnal stacking lames, all as setout and designated In materials and drawing provided to the park for this project The permit begins at 8:00 0 am 10 pm on 8116tt7. The permit expires at 6:00 0 am 18 pm on 8M422. StRAN ARY OF PERMITTED ACTMTY: NCDOT Ferry division Is authorized to expand of the current spoil site by .76 acres and to onlargv the existing channel 16W wide and 12' deep MLW by and 7W In width In order to reduce the frequency of dredging operation, continue the use and maintenance of the exist spoll pllo and to renoudsh, as needed, the north terminus of the island as needed to protest the automobile stacking [fines. Up to 20,000 cubic yards of dredge material, 30M cubic yards above the normal high water mark and 16,000 cubic yards below the high watermark extending the beach out by 10W Is authorized, all In accordance with the documents and materials submitted by thb penrntt as In support of Its request for the issuance of this permit Person can site responsible for adherence to the terns and conditions of the pemeit (include contact Information) As named above Authorizing legislation or other authority: 36 CFR Chptr 1, Part 1.6 a 2.50 APPLICATION FEE 0 Received ® Not Required PERFORMANCE BOND 0 Required ® Not Required LIABILITY INSURANCE COST RECOVERY ® Required 0 Required ® Not Required O Required ® Not Required Amount S Amount S Amount $1,000,000 ACORD Amount S Amount NIPS Form 10-114 (Rev. 012017) National Perk Service y ` SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras INS, Fort Raleigh NHS, & Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252) 475-9000 caha—speclal-uSo-permits@nps.gov ISSUANCE ur lids peuret iu subJw3 to Our attached conditions. The undersigned hereby accepts INS permit eubJrxx to the terms, covenants, 77and neservalions, ex or Implied herein. Tide: Date: LrA T./I7 PERMITTEE Signature r per" r� z;b 2('' _C- Title: Deputy Superintendent Date:-"le1Voo1/j Authorizing NPS Official CONDITIONS OF THIS PERMIT Failure to comply Win any of the tams and conditions of thIs permit may result In the Immediate suspension or revocation of the pent tie CFR 1.6(h)] 1. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation: [36 CFR 2.32(a)(3)). 2. This permit may not be transferred or assigned without the prior written consent of the Superintendent. 3. The permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this permit Failure to do so may result in the immediate suspension of the permitted activity or the revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a revoked permit will be the responsibility of the permittee. 4. The permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc. 5. The park area associated with this permit will remain open and available to the public during park visiting hours. This permit does not guarantee exclusive use of an area. Permit activities will not unduly interfere with other park visitors' use and enjoyment of the area. 6. This permit may be revoked at the discretion of the Superintendent upon 24 hours notice. 7. This permit may be revoked without notice if damage to resources or facilities occurs or is threatened, notwithstanding any other tens or condition of the permit to the contrary. 8. This permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the Permittee, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this permit or occasioned by any occupancy or use of said premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same. 9. Permittee agrees that it shall be liable for its actions and actions of its officers, employees, involuntary servant or agent of the State to the extent allowable under the North Carolina Tort Claims Act Permittee also agrees to require its contractors, subcontractors and agents to carry general liability insurance against claims occasioned by the action or omissions of its contractors, subcontractors, agents and employees in carrying out the activities and operations authorized by this permit The policy shall be in the amount(s) as specified on page 1 of this permit and underwritten by a United States company naming the United States of America as additionally insured. The permittee agrees to provide NPS Form 10-114 (Rev. 012017) Nalimal Perk Service SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252) 475-9000 caha_special_use_permits@nps.gov the Superintendent with such Certificate of Insurance with the proper endorsements prior to the commencement of an activity under this permit. 10. Permittee agrees to deposit with the park a bond in the amount of $ N/A from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations to the park will be met. 11. Costs incurred by the park as a result of accepting and processing the application and managing and monitoring the permitted activity will be reimbursed by the permittee. Administrative costs and estimated costs for activities on site must be paid when the permit is approved. If any additional costs are incurred by the park, the permittee will be billed at the conclusion of the permit. Should the estimated costs paid exceed the actual costs incurred; the difference will be returned to the permittee. 12. The person(s) named on the permit as in charge of the permitted activity on -site must have full authority to make any decisions about the activity and must remain available at all times. He/she shall be responsible for all individuals, groups, vendors, etc. involved with the permit 13. Nothing herein contained shall be construed as binding the Service to expend in anyone fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. 14. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law. 15. In the event of an emergency, dial 911. In the event of an incident that does not require emergency assistance, dial 252-473-3444. 16. As part of planning for this project, the permittee provided an Environmental Assessment of the project from which the park was able to determine that the projects proposed construction activities will not have a significant effect on the human environment in accordance with Section 102(2) (C) of NEPA and that impacts to natural and cultural resources within the project area will either have no, or minimal adverse impacts from project actions. 17. The permittee's primary contracts for these projects while on site shall be the park's designated Point of Contract (POC) District Ranger Ed Fuller (252-475-8313). The permittee shall provide the park's POC with the project schedule as soon as it is known and provide periodic updates of project work. The park public information officer will be notified by park POC as soon as possible in advance of scheduled work and/or when start date has been established so that a news release may be provided to the public. GENERAL CONDITIONS 18, The permittee must coordinate with the NIPS and resource agencies. USFWS and North Carolina Water Resource Commission, if active nests from T& E species or state species of concerns are found within the project area. 19. The site shall be inspected for T&E and state species of concern immediately prior to sand placement on the north end of Ocracoke by the District Biological Science Technician (Jocelyn Wright 252-305-1045) to ensure no nesting species are present prior to project commencing. Permittee must notify the local District Biological Science Technician at a minimum of two weeks of project start to ensure that schedules can be accommodated. If T&E species are present on the north end of Ocracoke then dredge material must be placed on the spoil site, and only if nesting species are not present within the spoil site. 20 All work will be done in accordance with the approved guidelines and permits established by the National Park Service (NPS), Army Corp of Engineers (ACOE), the Division of Coastal Management (DCM) and any other regulatory agencies notified of the project. To prevent detrimental effects on protected shoreline resources this NPS Form 10-1 I4 (Rev. 0 V2017) Nadoml Park Savix S '2. ~ ' ` SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NS, Fort Raleigh NHS, & Wright Brothers NMEM 1401 National Park Drive Manteo, NC 27954 (252) 475.9000 caba—speclal—use_permits@nps.gov work will be done iu a timely manner and scheduled in coordination with all appropriate regulatory agencies. 21. NCDOT shall submit a safety plan to be approved by the Park Safety Officer (stacev siolerOnos.gov) prior to commencement of work. Safety plan shall demonstrate compliance with OSHA and other applicable safety laws. It shall include an emergency safety plan and shall list points of project contact 22. Equipment on beach would be moved to a safe location within the vicinity of the project area upon a weather forecast of high wave and water conditions. 23. The permittee would not leave vehicles idling for excessive periods when parked or not in use within the project area. 24. Permiaee must forward all other agency permits related to the undertaking of the project to the park's compliance office for inclusion to the projects administrative record. SOILS & VEGETATION 25. Equipment mobilization and use would be via designated beach access areas (as agreed to by the NPS) to avoid impacts to vegetated areas. 26. Appropriate measures would be employed to prevent or control spills of fuels, lubricants, or other containments from entering waterways or other sensitive areas. Actions would be consistent with state water quality standards and the Clean Water Act Section 401 certificate requirements. A hazardous spill plan would be approved by the National Park Service and appropriate resource agencies prior to construction. The plan would state what actions would be taken in the case of a spill, notification measures, and prevention measures to be implemented, such as the placement of refueling facilities, storage and handling of hazardous materials. 27. All oil and hazardous material spills within NPS boundaries must be reported to the Emergency Incident Coordination Center (EICC) 18013-732-0911. 28. The expansion of the Southdock spoil site by .76 acres on the south side is authorized. Berms would need to be constructed around the edges to ensure the spoil material does not erode into wetland areas. 29. Placement of sand must be spread and contoured within the existing beach area. No piling of sand is authorized within the north terminus area. ACHEOLOGICALRESOSURCES 30. Although there is no surface'evidence of archeological resources, clearance to proceed is recommended with the condition that if concealed archeological resources are encountered during project activities, work must immediately stop, contact with the district ranger must be made, all necessary steps will be taken to protect the archeological resources and the Park Cultural Resources Manager will be notified immediately. 31. Any discovered cultural resources must be turned over to the park immediately upon discovery. VISITORS USES AND EXPERIENCES 32. The permittee will maintain appropriate safety barrier at the work area when conducting renourishment activities. Signs, flagging or fencing may be used to keep the public a safe distance from the work area. It is the responsibility of the permittee to install and remove signs, flagging or fencing. NPS Farm 10-114 (Rev. 0112017) Natioad Park Service .gym... SPECIAL USE PERMIT Outer Banks Group: Cape Hatteras NSA Fort Raleigh NHS, & Wright Brothers NMEM 1401 National Park Drive Mettw. NC 27954 (252) 475-Ww caha special use—PermitsOpS.gov 33. Permittee will expeditiously repair any damage to the parWs physical resources caused by or occurring during project activities to the entire satisfiaction of the parWs Superintendent Superintendent may revoke the permit and/or stop the construction project should any of the permit conditions be violated.