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HomeMy WebLinkAbout20201286 Ver 1_DCM Permit_20201015Strickland, Bev From: MacPherson, Tara Sent: Thursday, October 15, 2020 3:36 PM To: Weychert, Curtis R; Gregory E CIV USARMY CELRP(USA)Currey; Harding, Kimberlee k; Mairs, Robb L; Dunn, Maria T. Cc: smcintyre@caswellbeach.org; Howell, Jonathan; Pietila, Tanya K Subject: RE: Duke Energy Excavation Minor Modification Attachments: DOC101520-10152020153145.pdf, DOC101520-10152020153213.pdf All, The Permit and previous authorization is attached for reference. Thank you, Ta ra Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson(o)ncdenr.aov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: MacPherson, Tara Sent: Thursday, October 15, 2020 2:04 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Gregory E CIV USARMY CELRP(USA)Currey <Gregory.E.Currey@usace.army.mil>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Cc: smcintyre@caswellbeach.org; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: Duke Energy Excavation Minor Modification Hi All, Duke Energy is asking us to expedite the attached minor modification request for immediate dredging in the discharge canal in Caswell Beach. Since Tanya is out I am sending this Minor Modification request to you to get things rolling. Thank you! Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson(cDncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Pert. Mass RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 293 Issued to Progress Energy Carolinas Inc PO Box 10429 Southport NC 28461 Authorizing development in Brunswick County at CP& L Intake Canal at Snows Marsh , as requested in the permittee's application dated -letter dated 11/ /1 This permit, issued on January15, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to the original of Permit No. 293, which was issued on 8/23/82, and copies of all documents, including all subsequent renewals, modifications and letters of refinement, shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal unless specifically altered herein. (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, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxt nLC. Davis, Director vision of Coastal Management This permit and its conditions are hereby accepted. DCM RECEIVEDINGTN, NC Signature o ermittee Progress Energy Carolinas Inc. Permit No. 293 Page 2 of 2 ADDITIONAL CONDITIONS Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2006-41593. RECEIVED DCM WILMINGTON, NC JAN 2 2 2016 Permit Class MODIFICATION/MAJOR Permit Number 293 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Duke Energy Progress, LLC., PO Box 10429, Southport, NC 28461 Authorizing development in Brunswick County CP&L intake canal at Snows Marsh. Southport I as requested in the permittee's application dated 6/28/16 (MP-1)_ 7/7/16 (MP-2 & MP-4), including the attached workplan drawings (15), all dated 6/27/16. This permit, issued on October 12, 2016 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Major Modification authorizes 440 linear feet of sheet pile wall, 3,060 linear feet of riprap and the replacement of 4 storm water outfalls, all as expressly and specifically set forth in the attached work plan drawing. Sheet Pile WalURipRaa 2) The sheet pile wall and riprap shall adhere to the alignment as depicted on the attached workplan drawing. 3) The riprap and sheet pile wall shall be constructed prior to any backfrlling activities. (See attached sheets for additional conditions) This permit action may be appealed by the permiffee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. rod Braxton-C. Davis, Director Division of Coastal. Management This permit and its conditions are hereby accepted. Signature of Permittee Duke Energy Progress, LLC. ADDITIONAL CONDITIONS Permit #293 Page 2 of 3 4) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This Major Modification does not authorize any new excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris shall not be used. 9) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) If the crossing of wetlands with mechanized or non -mechanized equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of the construction of the riprap structure. Erosion & Sedimentation Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the sheet pile wall immediately following completion of backfrlling activities. 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 14) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form from the U.S. Army Corps of Engineers. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 15) No vegetated wetland or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. Duke Energy Progress, LLC. ADDITIONAL CONDITIONS Permit #293 Page 3 of 3 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) This Major Modification shall be attached to the original of Permit No. 293, which was issued on 8/23/82, as well as all subsequent modifications, renewals, amendments and refinements, and all documents shall be readily available on site when Division personnel inspect the project for compliance. 18) All conditions and stipulations of the active permit remain in force under this Major Modification 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 N.C. Division of Water Resources authorized the proposed project under DWR Project No. DWR-2016-0734. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. 2016- 01643. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. �v North Carolina Michael F. Easley, Governor AO r NCDENR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson, Director William G. Ross Jr., Secretary June 18, 2008 Mr. Edward Wills, Plant General Manager Progress Energy- Brunswick Steam Electric Plant P.O. Box 10429 Southport, NC 28461 Dear Mr. Wills: This is with reference to your request to modify State Permit #293 which was issued to Progress Energy Carolinas Inc. (formerly Carolina Power & Light) on August 23, 1982. It was last renewed on February 18, 2008, and will expire on December 31, 2011. The action proposed in your submittal is to perform maintenance dredging within the terminal basin of the plant's discharge canal, totaling an approximate excavated volume of 60,000 cubic yards. Spoil is to be placed within the existing diked area adjacent to the canal. Upon reviewing the information provided, the Division of Coastal Management has determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit #293 as described in your letter dated May 5, 2008, your letter dated received June 18, 2008 and drawings received May 5, 2008. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. If you have any questions concerning the above or if I can be of any other assistance, please advise. Sincerely, Steven H. Everhart, PhD District Manager cc: Dave Timpy, COE Doug Huggett, DCM Jim Carter, Town of Caswell Beach 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796.7215\ FAX: 910-395-3964 \ Internet: www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper