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HomeMy WebLinkAbout20041535 Ver 1_COMPLETE FILE_200708310? WATF9 Michael F. Easley, Governor ?O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director - Division of Water Coleen H Sullins, Deputy Director Division of Water Quality September 23, 2004 Robert T. Newcomb, III P.O. Box 20242 Raleigh, NC 27619-0242 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Dredge Basin, Replace Bulkhead and Add Boat Slips 125 Harbor Road ?f DWQ Project # 041539 SEP 2 g 2004 Carteret County Dear Mr. Newcomb: DENR - WATER OUALITy WETLANDS AND STOWMTER BRANCH You have our approval, in accordance with the attached conditions (WQC # 3351) to conduct the following activity adjacent to your property at 125 Harbor Road in Marshallberg, Carteret County. This approval allows you to: 1. Excavate 2500 cubic feet (see drawing dated 8/5/04, sheet 3 Of 5) of shallow water bottom habitat (by hydraulic excavator) with the spoil placed on highground; 2. Replace 100 feet of bulkhead; 3. Remove existing docking system and replace it with a 4-slip docking configuration (see sheet 4 of 5). This approval is only valid for the purpose and design that you described in your completed CAMA application received by the Division of Water Quality (DWQ) on September 16, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3351 covers this activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your completed CAMA Major Permit application received by the Division of Coastal Management on August 9, 2004. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 On?.et An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Nor thCarohna Natural& 1 Page Two Robert T. Newcomb, III DWQ Project # 041539 September 23, 2004 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 4010versight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; 2. No excavation and no waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit #041539 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality Attachments: GC # 3351 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Henry Wicker 401 Oversite/Express Permitting Unit - Cyndi Karoly CAMA Morehead - Mark Hardeman CAMA Morehead - Doug Huggett WiRO Triage Check List Date: Project Name: /•?? DWQ#: _0 County: To: ? ARO Kevin Barnett ? WaRO Tom Steffens ? FRO Ken Averitte WiRO Noelle Lutheran ? MRO Alan Johnson ?' WSRO Daryl Lamb ? RRO Mike Horan From: 4 L- Telephone : (919) ? r"k? 35 The file attached is being forwarded to spur for your evaluation. Please call if you need isAstance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: et>?.? 7 _ L9 UNITED STATES MARINE CORPS MARINE CORPS AIR STATION PSC BOX 8003 CHERRY POINT, NORTH CAROLINA 28533-0003 5090/18540 LN September 13, 2004 Mr. John Dorney 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 0 4 15 3 5 Dear Mr. Dorney: Marine Corps Air Station (MCAS) Cherry Point is preparing to conduct maintenance work at the Seaborne Powered Target (SEPTAR) ramp on Piney Island (BT-11). Nationwide permit three for maintenance and water quality certification 3376 authorizes the proposed work, and does not require notification. However, Mr. Mickey Suggs with the COE in Wilmington requested that we send a written description of the project, so we have prepared a PCN and project drawings (enclosed) and are distributing these to you for your information. The SEPTAR ramp is located at the end of a road on Piney Island. The project includes maintenance of a boat ramp through replacement of metal sheeting with installation of pre-formed concrete slabs. The project also includes adding additional riprap materials to the shoreline along the end of the road. The additional riprap would be placed on top.of the existing materials on the northern end of the road and just around the corner shared by the road and canal, and behind the existing riprap on very end of the roadway. Enclosed are a project drawing and an aerial photo layout. We have also sent these materials to the US Army Corps of Engineers and to the Division of Coastal Management. If you have questions or require additional information, please contact Ms. Robin Ferguson of the Environmental Affairs Department at (252) 466-5917. Enclosures: 1. PCN 2. Project drawing 3. Aerial Layout ]rrfviron ental ?4fifairs By dire tion o the Commanding General Of f icer WETLANDS/ 401 GROUP SEP 15 2004 WATER QUALITY SECTION Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 041535 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit X Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information Owner/Applicant Information Name: Marine Corps Air Station Cherry Point Mailing Address: Commanding, General, EAD LN, PSC Box 8006, Cherry Point, NC 28533-0006 WETLANDS/ 401 GRni,n Telephone Number: Fax Number: E-mail Address: SEp 5 _2@84 2. Agent Information (A signed and dated copy of the Agent AuNA0AL E t , be attached if the Agent has signatory authority for the owner/applicant.) I? Name: George Radford Company Affiliation: Environmental Affairs Officer Mailing Address: same as above Telephone Number: 252-466-4599 Fax Number: 252-466-2000 E-mail Address: George.Radford@usmc.mil Page 1 of 5 M. Project Information 1. Name of project: SEPTAR ramp and shoreline stabilization 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): NA 4. Location County: Carteret Nearest Town: Atlantic Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): BT11 is also known as Piney Island. BT 11 is adjacent to Open Grounds Farm, and very near the Cedar Island National Wildlife Refuge. 5. Site coordinates, if available (UTM or Lat/Long): lat/long for center of Piney Island - 35° 01' 00"/76° 28' 00", for project area 35° 01' 53.6"/76° 27' 52.5" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Military facility, used for ordnance delivery training. Project site has an existing ramp at the end of a dirt road. The ramp is used to launch boats associated with targetry at BT-11. Portions of the shoreline are already under rip--rap and/or concrete articulated matting. 7. Property size (acres):_ Piney Island is approximately 12000 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): South Bay 9. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgs/.) 10. Describe the purpose of the proposed work: This project will perform maintenance actions on the shoreline at the end of a road leading to the SEPTAR boat ramp. The project will also replace the existing ramp surface, currently several sheets of metal matting, with concrete. The purpose of the work is to maintain the shoreline to protect it from further erosion resulting from wave action, and to reduce the current maintenance requirements for the boat ramp. The metal sheeting used for the boat ramp surface frequently floats up during storm events, requiring repositioning 11. List the type of equipment to be used to construct the project: Heavy equipment to transport and place rip-rap materials and ramp concrete. Concrete will be pre-formed slabs. Page 2 of 5 12. Describe the land use in the vicinity of this project: Military facility used for ordnance delivery training Adjacent land uses are primarily agricultural. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. None V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for.the exclusion of this work from the current application: None anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts NA List the total acreage (estimated) of existing wetlands on the property: 12000 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams 0 Cumulative impacts (linear distance in feet) to all streams on site: 0 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Boat ramp maintenance 1 - replacing metal 0.10 South Bay Bay sheering with concrete slabs 2 Shoreline Stabilization - 0.006 South Bay Bay with rip-rap Page 3 of 5 4. Pond Creation NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts will be minimal. The project area is at the end of a dirt road, adjacent to a man-made canal, and is man-made high ground with the exception of the rip-rap area below the normal water line. Rip-rap and articulated concrete matting, is already in place along portions of the shoreline at the end of the road, this project would supplement the existing materials. Rip-rap placement below the normal water line will extend no more than 5' below the normal water line, and no more than 3 cubic yards per running foot. We plan to use concrete debris from demolition of a building floor as rip-rap. We will trim any re-bar in the concrete flush with the surface of each piece. We plan to use pre-formed concrete slabs to replace the metal sheeting surface of the boat ramp. We will maintain the current size of the boat ramp 30' 8" in length below the water line, 12' wide. VIII. Mitigation None required, none proposed. IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes X No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X NA, This project qualifies for the maintenance categorical exclusion included in the MCO P5090.2a Environmental Compliance and Protection Manual. Clearinghouse review is not required. Page 4 of 5 X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X If you answered "yes", provide the following information: The project area does fall within the Neuse River basin. However the specific project site is currently not vegetated and the project will not change the function or use of the project site. Therefore the project is exempt as an existing use. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. NA The project site is surrounded by coastal marsh and open water. The project would not effect the amount of impervious acreage. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA XIH. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X Applicant/ a ign tore rreC o C (Agent's signa is v d only 1W an authorization letter S' Date pplicant is provided.) Page 5 of 5 South Bay a?> t J A °S l Existing Metal Ramp Rip-rap below NWL Current Dimensions not to exceed 5' below N, 1T 3"from NWLto upland end ??. 30' 8" from NWL to end of ramp X12' wide il"J ch Rip-rap area 38' CL 0 ? I? 7 I? i South Bay I It rl rj- I % �q . a : I :) � . Canal r f It rl rj- I % �q . a : I :) � . Canal r