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HomeMy WebLinkAboutSW8020223_Compliance Evaluation Inspection_20181113November 13, 2018 MEMORANDUM; ROY COOPER MICHAEL S. R.EGAN BRAX.TON DAVIS i3\� Gao z�� FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) - courtney.spearsP-ncdenr.gov SUBJECT: CAMA Application Review Applicant: JHP Holdings Co, (Hewett Marina) Project Location: 1073 B-Var Road, SW, adjacent to the AIWW, in Supply, Brunswick County Proposed Project: Maintenance dredging of an existing marina Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by December 5, 2018. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes , PP are incorporated. See attached. -De44- :S+&r-%6-JVAq-X �•-� rvs�e,,4-- � {�� la+' a�p ►�CtiT�w� CL,4 lrk "Cb v �­4 alp �c� r r��cess�r a v C � 1 This agency objects to fhO project for reasorps described�.:s in Vetached comments. PRINT NAME �R--� ,JeL_ AGENCY )m L k-?-- y SIGNATURE DATE I 1 1 (51 210IFj State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 I%A P— PiTrm A N A!C�-T &W1W6Trs t s Mir. James H. Price 601 Aldeborough Lane Charlotte, NC 28270 Dear Mr. Price: t'-rIiC„aei P. Easim-y, Governor - William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality oaWilmington Regional Office f rc - — s>Iarz.l�t1�A :rE,o�✓l. BuL"eAl RND �joUlfz.lnh t415 r3u+c.DtN6�= "-I s -r-k i q "rKc- = 51 o • f's4-Z • 33$1 -`ter (H) . .S y Z-7_3c! o_.. A L.LL.-D,a s^ y E1102tkls WD t)ATUM A N b kN bUr . Subject: E tormwaterProjectNo. SW8 020223� Hewett Marine, LLC runswick Coun The VA%ilmington Regional Office received a copy of the CAMA Major Permit Application to replace bulkhead, construct slips and dredge boat basin on February 27, 2002. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs eve acres or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. you are required to have an NPDES p„�mit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning, this matter, please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, Rick Shiver Water Quality Re--ional Supervisor RSSiarl: S:IWQSISTORMVVAnCANiA1020223.Feb cc: �ai3ef�uss�I;DCM Delaney Aycock Brunswick County Inspections Dou; Huggett, DCM Wilmington Regional Office Central Files N.C. Division of Water Quality 127 Cardinal Drive extension Wiim91 ON ington, N.C. 28405 30 � � MC�L� + ( � ' 39D0 Fax (9 , , D) ..SC-2DOC Customer Service 300-623-7748 OROF WA Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 10, 2003 Mr. James H. Price 601 Aldeborough Lane Charlotte, NC 28270 Subject: Hewett Marina Exemption Stormwater Project No. SW8 020223 Brunswick County Dear Mr. Price: The Division received a copy of the March 5, 2003, Notice of Violations of the Sedimentation Pollution Control Act for failing to obtain an SEC permit for the construction activities proposed at this site. No new construction activities other than the one previously exempted by the Division is proposed, therefore, the original exemption issued to you on March 6, 2002, and it's conditions still apply. If you have any questions regarding this matter, please do not hesitate to call me at (910) 395-3900. Sincerely, t Linda Lewis Environmental Engineer RSS1:ar1 S:1WQSISTORMWATILETTERS1020223.apr03 cc: Elizabeth Nelson Janet Russell, DCM Delaney Aycock, Brunswick County Inspections Doug Huggett, DCM Linda Lewis N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 c% tc%r-r wjt"%-rr- un% IIN. 10 GA. OP WIRE MIN. 12-1/2GA. _U m m INTERMEDIATE WIRES 3' U_ _ Iz LU MIN. 10 GA. BOTTOM WIRE N J 6" MIN. COMPACTED -- u- FILL OVER SKIRT* --STEEL OR WOOD POST -"--------WOVEN WIRE FENCING AS REQUIRED SILT FILTER FABRIC ANCHOR FABRIC SKIRT w/ MIN. 4" LONG WIRE STAPLES @) 12" O.C_ *FOR REPAIR OF SILT FENCE FAILURES, USE #57 WASHED STONE IN LIEU OF COMPACTED FILL. NOTES: 1. INSTALL NEW SILT FENCES AS SHOWN ON DRAWING AND AT LOCATIONS NECESSARY TO CONTROL SILTATION OF ADJACENT AREAS. 2. WHERE WOOD POSTS ARE USED, POSTS SHALL BE A MINIMUM OF 3" IN DIAMETER AND U IN LENGTH. POSTS SHALL BE CREOSOTE OR PENTACHLOROPENOL TREATED SOUTHERN PINE. 3. WHERE STEEL POSTS ARE USED, POSTS SHALL BE 5' IN LENGTH AND BE OF THE SELF FASTENER ANGLE TYPE. 4. WOVEN WIRE FENCING, WHERE REQUIRED (SEE NOTE #6), SHALL CONFORM TO ASTM A116 FOR CLASS 3 GALVANIZING. FABRIC SHALL BE A MINIMUM OF 32" WIDE AND HAVE A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. THE TOP AND BOTTOM WIRES SHALL BE 10 GAUGE AND INTERMEDIATE WIRES SHALL BE 12-1/2 GAUGE. WIRE FABRIC SHALL BE FASTENED TO WOOD POSTS WITH NOT LESS THAN #9 STAPLES 1 1 /2" LONG. 5. FILTER FABRIC SHALL BE OF NYLON, POLYESTER, PROPYLENE OR ETHYLENE YARN WITH A MINIMUM STRENGTH OF 30 LB./LIN. IN. AND A MINIMUM OF 85% FILTERING EFFICIENCY. FABRIC SHALL CONTAIN ULTRAVIOLET INHIBITORS AND STABILIZERS. 6. IF FABRIC FILTER IS USED WITH A STRENGTH OF 50 LB./LIN. IN. OR GREATER, AND THE POST SPACING (S) DOES NOT EXCEED 6, WOVEN WIRE FENCING IS NOT REQUIRED. OTHERWISE, WOVEN WIRE FENCING IS REQUIRED, AND POST SPACING SHALL NOT EXCEED 8'. TEMPORARY SILT FENCE NOT TO SCALE CONSTRUCTION SEQUENCE: 1. CONTRACTOR TO NOTIFY N.C. LAND QUALITY SECTION, REGIONAL OFFICE IN WILMINGTON, (910) 395-3900, PRIOR TO BEGINNING CONSTRUCTION. 2. INSTALL ANY SEDIMENT AND EROSION CONTROL MEASURES. 3. CONSTRUCT NEW CONCRETE SEAWALL- 4. STABILIZE ANY DISTURBED AREAS WITH PERMANENT GROUNDCOVER. EROSION CONTROL NOTES: 1. ALL CONSTRUCTION ACTIVITIES SHALL BE PERFORMED IN COMPLIANCE WITH THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973. 2. ALL LAND DISTURBING ACTIVITIES ARE TO BE PLANNED AND CONDUCTED SO AS TO LIMIT EXPOSURE OF BARE EARTH FOR THE SHORTEST POSSIBLE TIME. 3. ALL DISTURBED AREAS SHALL BE STABILIZED BY THE PLANTING AND ESTABLISHMENT OF PERMANENT AND UNIFORM GROUND COVER. 4. TEMPORARY CONSTRUCTION STAGING AREAS SHALL HAVE ADEQUATE SEDIMENT AND EROSION CONTROL MEASURES INSTALLED TO PREVENT OFF SITE SEDIMENTATION, AND SHALL BE SEEDED AS NECESSARY TO BRING THE SITE BACK TO ITS NATURAL STATE UPON COMPLETION OF THE PROJECT. 5. SEDIMENT AND EROSION / TURBIDITY CONTROL MEASURES SHALL BE INSPECTED AFTER EACH HEAVY RAINFALL TO INSURE THEY ARE FUNCTIONAL AND IN GOOD WORKING CONDITION. SEDIMENT DEPOSITION ACCUMULATION TO BE PERIODICALLY REMOVED TO MAIR'TAIN UNIT EFFECTIVENESS. 6. OVER THE DURATION OF THE PROJECT, THE OWNER SHALL MAKE PERIODIC AND UNSCHEDULED INSPECTIONS TO EVALUATE THE EFFECTIVENESS OF ALL EROSION CONTROL MEASURES. IF EROSION OCCURS, THE OWNER SHALL NOTIFY THE CONTRACTOR TO TAKE ADEQUATE STEPS TO REMEDY THE SITUATION. 7. CULVERTS, DITCH -LINES, OR RIP -RAP DISTURBED BY THIS CONSTRUCTION WILL BE REPLACED OR REPAIRED BY THE CONTRACTOR TO AN EQUAL OR BETTER CONDITION TO THAT PRIOR TO DISTURBANCE. soI4f 2" - 3" COARSE AGGREGATE PLAN VIEW 50' MIN. DIVERSION TO DIRECT RUNOFF FROM R/W SECTION VIEW TEMPORARY GRAVELED CONSTRUCTION ENTRANCE NOT TO SCALE N8970 SEEDING SCHEDULE ALL DISTURBED AREAS SHALL BE STABILIZED WITH A PERMANENT VEGETATIVE COVER. THE CONTRACTOR MAY USE METHODS AND SCHEDULES SHOWN BELOW; HOWEVER, IT IS RECOMMENDED THAT THE CONTRACTOR CONSULT A SPECIALIST WITH ATTENTION GIVEN TO SITE SPECIFIC CONDITIONS. A. CULTIVATE AREA TO A DEPTH OF 5". B. APPLY AGRICULTURAL LIME AT THE RATE OF 4000 LBS. PER ACRE. C. APPLY 10-20-20 COMMERCIAL FERTILIZER AT THE RATE OF 500 LBS PER ACRE. D. SOW GRASS SEEDS AT THE FOLLOWING RATES: KIND RATE PER ACRE COMMON BERMUDA GRASS (UNHULLED) 20 LBS. COMMON BERMUDA GRASS (HULLED) 12 LBS. PENSACOLA BAHIGRASS 50 LBS. KOREAN LESPEDEZA 25 LBS TALL FASCU E 30 LBS. E. MULCH WITH STRAW AT THE RATE OF 3250 TO 4350 LBS PER ACRE. F. ANCHOR STRAW WITH ASPHALT EMULSION TACK COAT APPLIED AT THE RATE OF 300 GALLONS PER ACRE IN LOCATIONS AS AUTHORIZED BY THE ENGINEER. i N897p6 0WE SILT FENCE STONE OUTLET AREA OF DISTURBANCE = 0.51 AC B-VAR ROAD SW (SR 1211) 1 \ ' SILT FENCE STONE OUTLET i _— NO GRADING TO OCCUR ON SITE ATLANTIC INTRACOAS TAL, WATERWAY ` SILT FENCE STONE OUTLET i SCALE: 1" = 50' 0 25 50 100 150 I n, SILT FENCE STONE OUTLET NOT TO SCALE TEMPORARY SILT FENCE SILT FENCE STONE OUTLET Revisions H--I a � � a z Q � o � x C) z z 0 W H z � w Q H Q � w O x w Date: 02 APR 03 Scale: As Shown Drawn By: DBB Checked By: ACL/DBB THIS PLAN IS NOT ISSUED FOR CONSTRUCTION WITHOUT AFFIXED CORPORATE SEAL. ���,SEAL ` ) 16 9 Gg+_, This drawing shall not be reproduced in whole or in part without written permission of mast Coast P-ngineering Company, P.A. Sheet I of I ECEC PROJECT NO. 0538 Fax: 910.754.8049 Office: 910.754.8029 April2, 2003 East Coast Engineering Company, P.A. Consulting Engineers N& Linda Lewis Water Quality Section NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Hewett Marina Dredging SW Exemption 02-0223 Dear Ms. Lewis: 4918 Main Street Post Office Box 2469 Shallotte, NC 28459 In May 2002, Hewett Marina received a CAMA Major Permit to replace the existing bulk head and to dredge an area of the Atlantic Intracoastal Waterway (AIWW). In concurrence with obtaining this permit, an exception was obtained from your office for the proposed work (SW 02-0223). However, during the process of completing the dredging work, greater than one acre of the property has been disturbed, and a Notice of Violation of the Sedimentation pollution Control Act was issued for the project. In response, the owner retained our office to prepare a Sedimentation and Erosion Control Plan for review and approval. Given that the scope of work has not been modified for this project, I presume that the previously issued SW Exemption is still valid. A copy of the Sedimentation and Erosion Control Plan has been enclosed for your reference. If you have any question or require any additional information, please do not hesitate to contact our office. Sincerely, Elizabeth M. Nelson Enclosures: Two sets of plans, Sheet 1 of 1 Copy: File: 0538 (Hewett Marina Dredging) State of North Carolina Department of Environment and Natural Resources i1� Wilmington Regional Office i� Division of Land Resources/ Land Quality Section NCDENR NORTH CARQI. INA DEPAF;rrMENT OF William G. Ross Jr., Secrett Michael F. Easley, GOveir ENVIRONMENT AND NATURAL RESOURCES ary March 5, 2003 6 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL 7002 2410 0006 9368 1054 RETURN RECEIPT REQUESTED Mr. James Price 601 Aldeborough Lane Charlotte NC 28270 Project Name: Hewett Marina Dredging Project No: BR-03200 Brunswick County Dear Mr. Price: On February 27, 2003, personnel of this office inspected a project located on B-Var Road in Brunswick County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 1.2 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that were found are: 1. Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre is to be uncovered, failure to secure this office's prior approval.of the plan for any land -disturbing activity prior to beginning the land -disturbing activity. NCGS. 1 13A-54(d) (4), G. S. 113A-57(4) and 15A NCAC 413.0O07(c). An erosion and sedimentation control plan has not been submitted to this office for the referenced project. An acceptable erosion and sedimentation control plan must be filed with and approved by this office and implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has been approved, temporary measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional land -disturbing activities conducted without an approved erosion and sedimentation control plan will constitute additional violations of the Act. We will notify you following our review of the plan if additional measures are required. 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 • Telephone 910.395.3900 • Fax 910-350.2004 An Equal Opportunity Affirmative Action Employer Mr.James Price March 5, 2003 Page Two 2. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 413.0005. Adequate measures to control erosion and retain sediment on site have not been provided. .Silt fence has been installed as per CAMA requirements; however, additional measures will be necessary. 3. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land -disturbing activity. G.S. 113A-57(1). Adequate buffers between watercourses/wetlands and land disturbing activities have not been provided. To correct these violations, you must: 1. Submit an erosion and sedimentation control plan to this office for the referenced project. 2. Install the measures, structures and/or devices necessary to control erosion and retain sediment on site. 3. Restore buffers between watercourses/wetlands and land disturbing activities. If the violations described in this Notice are not corrected within 30 days following your receipt of this Notice, the Division of Land Resources may take additional appropriate legal action against you pursuant to NCGS 113A-64. That action could be the assessment of additional civil penalties and may result in the initiation of other remedies as prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to $5,000.00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1). If all violations are corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be pursued. Any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that the work can be inspected. You should not assume that the site is in compliance with the Act until we have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily maintained until development is complete and the site -is fully stabilized to avoid further violations of the Act. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this Notice or the requirements of the Act, please contact either Kevin. Rowland or me at your earliest convenience, Mr. James Price March 5, 2003 Page Three Please do not hesitate to contact me regarding any questions you might have about this matter. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DES//bfr cc: Sedimentation Specialist WiRO-LOS ON Supervisor-WiRO Enclosure: Inspection Report