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HomeMy WebLinkAbout20220923 Ver 1_ePCN Application_20220708DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/27/2022 BIMS # Assigned * Version#* 20220923 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider Information for Initial Review la. Name of project: COURTESY COPY Arboretum Pond Maintenance la. Who is the Primary Contact?* Ben Brink Reviewing Office* Wilmington Regional Office - (910) 796-7215 1 b. Primary Contact Email:* lc. Primary Contact Phone:* ben@coastalpermitguy.com (910)302-5725 Date Submitted 7/8/2022 Nearest Body of Water Dennis Creek Basin Cape Fear Water Classification Dennis Creek Site Coordinates Latitude: Longitude: 33.905 -78.064 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 03 - Maintenance NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: The Arboretum Community Association, Inc. 2b. Deed book and page no.: Book: 1054 Page: 6 2c. Contact Person: Jim Conklin (President) 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 122 Flowering Bridge Path Address Line 2 City State / Province / Region Caswell Beach NC Postal / Zip Code Country 28465 USA 2e. Telephone Number: 2f. Fax Number: (401)714-4297 2g. Email Address: * jimc22191@aol.com 3. Applicant Information (if different from owner) 3a. Name: The Arboretum Community Association, Inc. 3b. Business Name: 3c. Address Street Address 122 Flowering Bridge Path Address Line 2 City Caswell Beach Postal / Zip Code 28465 3d. Telephone Number: (401)714-4297 3f. Email Address: * jimc22191@aol.com 4. Agent/Consultant (if applicable) 4a. Name: Ben Brink 4b. Business Name: CPG, LLC 4c. Address Street Address PO Box 1661 Address Line 2 City Carolina Beach Postal / Zip Code 28428 4d. Telephone Number: (910)302-5725 4f. Email Address:* ben@coastalpermitguy.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: Of appropriate) The Arboretum lc. Nearest municipality / town: Caswell Beach 2. Project Identification 2a. Property Identification Number: 251AA00101 2b. Property size: 0.65 2c. Project Address Street Address Address Line 2 City Postal /Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Dennis Creek 3b. Water Resources Classification of nearest receiving water:* Dennis Creek 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050802 4. Project Description and History State / Province / Region Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Pond Restoration Plan. The Pond Project consists of a 10,325 square foot wet pond with a 2,000 square foot forebay located on Flowering Bridge path in the Town of Caswell Beach. The project wet pond and forebay receives runoff and stormwater drainage from approximately 123 acres and has become filled with silt and algae. The wet pond discharges to a drainage channel that outflows to the saltwater marsh of Piney Point Creek, the Intracoastal Waterway and Cape Fear River. Tidal influence and saltwater vegetation begin approximately 800 feet downstream from the wet pond outflow dam. The goal of the project is to improve the silt filtering capacity of the forebay, the water quality in the wet pond outflow, and increase the stormwater holding capacity of both the wet pond and forebay by approximately 8,163 cubic feet. The project will include dredging the wet pond and forebay down to the original level (+2 Mean Sea Level) and replacing the nonfunctioning downstream dam which will improve the holding capacity and water quality that outfalls from the wet pond to the drainage channel and saltwater marshes. The Caswell Beach Pond project is located within the common area of the Arboretum Homeowners Association neighborhood. There are 96 homes and 6 undeveloped lots that are affected by untreated stormwater flooding that is acerbated by the lack of capacity in the wet pond and forebay. The maintenance of the wet pond and forebay after restoration will be administered by the Arboretum Homeowners Association. The wet pond and forebay due to years of silt buildup lack the ability to treat and retain stormwater runoff during even minor storm events. In its current condition, the wet pond and forebay are choked with sediment which prohibits the natural action of capturing, retaining, and treating stormwater runoff. Restoration of the Caswell Beach wet pond is considered a stormwater best management practice in North Carolina. As per Dr. William Hunt, Assistant Professor and Extension Specialist Biological and Agricultural Engineering North Carolina State University, wet ponds are the most common stormwater management practice in North Carolina and have been constructed since the 1970's in some parts of the state. The Pond Project will address the objectives of the Environmental Enhancement Grant by improving the water quality of stormwater entering the environmentally sensitive waters of our state. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.35 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The goal of the project is to improve the silt filtering capacity of the forebay, the water quality in the wet pond outflow, and increase the stormwater holding capacity of both the wet pond and forebay by approximately 8,163 cubic feet. The project will include dredging the wet pond and forebay down to the original level (+2 Mean Sea Level) and replacing the nonfunctioning downstream dam which will improve the holding capacity and water quality that outfalls from the wet pond to the drainage channel and saltwater marshes. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The existing stormwater retention pond is to be dredged to a depth of -2.0 feet increasing the pond's stormwater retention by 5,153 cubic feet. The dredged material will be disposed at an upland site. A tracked excavator will be used to dredge the pond. ❑ Remove and replace the existing nonfunctional dam on the downstream end of the wet pond with a hand adjustable gate and weir system to regulate wet pond elevation and control outflow. ❑ Remove (excavate) sediment buildup from wet pond to increase stormwater capacity and water filtering capabilities. Removing approximately 0.5 feet of sediment depth from the current 10,325 square foot footprint of the wet pond will provide an additional 5,162.5 cubic feet of stormwater filtering storage capacity. ❑ Remove (excavate) sediment buildup from the forebay to increase sediment filtering capability and capacity. Removing approximately 1.5 feet of sediment depth from the current 2,000 square foot footprint of the forebay will provide an additional 3,000 cubic feet of stormwater filtering and storage capacity. ❑ Excavated depth of wet pond and forebay will be approximately +2.00 Mean Sea Level. ❑ Dewater each load of excavated sediment (approximately 200 container loads) on site, haul & unload dewatered sediment to offsite upland location. ❑ Remove and replace existing weir and wall outlet structure with a three section 15' concrete outlet structure with wing walls to serve as dam and regulate pond elevation. ❑ Concrete wall - Concrete wall to be installed in three 5' x 4.5' sections; two wing walls and one middle outlet structure. ❑ Weir, gate, and valve assembly to be in outlet structure (middle wall), cast grate 5' x 4.6'. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: Gary Beecher made a site visit and said NW-3 was required for maintenance to existing stormwater retention pond. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 5. Pond or Lake Construction 5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland impacts (acres) pond P1 Stormwater P2 5g. Comments: 5h. Is a dam high hazard permit required? Yes • No If yes, permit ID no: 5i. Expected pond surface area (acres): 5k. Method of construction: MAINTENANCE TO EXISTING Stormwater Retention Pond Buffers 5d. Stream 5e. Upland impacts (feet) (acres) Flooded Filled Excavated Flooded Filled Excavated 5f. Total: 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization 0.35 0.35 5j. Size of pond watershed (acres): la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed project will be done to minimize and avoid harmful environmental impacts. No proposed excavation or fill of wetlands is proposed. Excavated sediment will be de -watered on site then transported to an upland site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The proposed project will be done to minimize and avoid harmful environmental impacts. Dredging will be done with an excavator. Heavy equipment will stay out of the marsh areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Performing maintenance to an existing amenity or retention pond. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: Performing maintenance to an existing amenity or retention pond. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * Unknown to applicant...The proposed work will most likely be funded by a grant. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Performing maintenance to an existing amenity or retention pond. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? https://ipac.ecosphere.fws.gov/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * https://www.fish eries. noaa. gov/national/habitat-conservation/essentia I -fish -habitat 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* https://archaeology. ncdcr.gov/programs/data-inventory-g is/site-fi le -research 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Performing maintenance to an existing pond. 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search#searchresultsanchor Zone: AE (EL 10) Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Arboretum Pond Maintenance.pdf 6.4MB File must be PDF or KMZ Comments The Arboretum is hoping to dredge out the pond to hold stormwater more effectively. Any guidance would be appreciated on how to help them accomplish their project as environmentally friendly as possible. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Benjamin Bradley Brink Signature Date 7/8/2022 LOCATION MAP Arboretum Pond Maintenance Caswell Beach Brunswick County Arboretum Pond Maintenance Location Map Parcel Information Parcel ID: 251 AA00101 Parcel PIN: 208506471732 Calc. Acreage: 0.65 Legal Description BUFFER.65ACTHE ARBORETUM PLAT T/143 Owner Information Owner Name: THE ARBORETUM COMMUNITY ASSOCIATION Proposal Plans (Red Box indicates project site) Arboretum Pond Maintenance Caswell Beach Brunswick County 0000000000oo A Q W z Z � a a z Z 5 ¢ O W W Z N 3: o a a w o z o p p o a Z m a w w w w p Q 2 W N N N N of 0 O N N N w U 1 o wlnn� liw nle 13mrvd dd31 N30�oN ssae uadR'vi an 6291-d'ON 35N3o11 olld IVoo'n3a3nl1otloild'iNrv1M sz�oaasc ��xv� Iooaz�N No�wvni�M ossLmisV3N I,tioN boz Hl N 3 Wb d 03l 3LA 3 4 �/�Il�b'O�d S310N 1f10AVl ONV N0111OW30 `h11i11 f1 %� GNIOV2IG 3,,. 0 ry aoN u o ae 'ry die , 3�1 �o N— �rvN N0� 1-n, �Mti3d��rvd�� aa� ��3Ma� m Ns,rvNN S3aw�3a0e� n�d LNVdD iJ31~M OL5 JVII N3010J'�sroad _ �N dN 3d�NVZJW01 s OId3 d 21 -- - - - -- 8 �� -_ z -_ - - •. ffi G - - - - - - �G oZpzo — w O Clm - NG� - - O� > w D z z — — — — — F _— <�'m — a - - - r -- - - =s40 o - - - -- a �x— ¢3�¢ - — — ooUD - O— — — — _-- _ — z — — — — _ — — — — — — — _ — — --- — — — o3~w — — .ah3a- pGo - - aGa -_ - W20 ��0 Q = G - - o - - -A, t,- - - - - �o - - - _ - _ _ ____ _ _ _ -- _ W _ _ z - - _ - _ - - - - - -- - - - __ - - - '90- - - - - - _ __ _ _ m _ - Q - - - - �ra_o3ra�o -T,o I 7 3 d '3V301,101 S 0133 41.Iu A. 35uHa 4344100 95.4aa ,p man ssrzol43N 1 0.10y0b1N,'S 4 1 N 3 W d O l 3 A 3 4 3AIl3VOdd NVId S1 N3W3A0Eld WI 30VNIVd0 al %3 al 3SVHd NO1"3a as ,d�ITM wain`3 d�d L NViJO a31VM W21015 3V 33 N3030J—road a= a mpe =� Go 3G 4Q P Rg apz o � wa z� aF c fib¢ 08 $ mEo pia oa 000 H mo A gm a � U w �?0o3�0ollo3' �Q ss a y g o Ep oCi 3 o aF� ` Fo pp C z Proposal Description (highlighted areas most pertinent) Arboretum Pond Maintenance Caswell Beach Brunswick County Tom OF CASWER BEACH 1100 Caswell Beach Road • Caswell Beach, NC 28465 (910) 278-5471 * Fax: 1-866-271-3641 e Website: www.caswellbeach.org State of NC Attorney General's Office 2022 Grant Cycle Environmental Enhancement Grant (EEG) Program Grant Code CB022CR (Town of Caswell Beach, Caswell Beach Pond Project) Project Proposal The Town of Caswell Beach (the Town) is located on the eastern end of Oak Island, one of the Brunswick Islands in southeastern Brunswick County, North Carolina. The Town is bounded to the north and northeast by the Atlantic Intracoastal Waterway, coastal wetlands, (SA) estuarine shellfish waters, NC Marine Fisheries Primary Nursery Areas, and NC Natural Heritage Areas; to the east by the confluence of the Cape Fear River and the Atlantic Ocean; to the south by the Atlantic Ocean; and the jurisdiction of the "Town of Oak Island" to the west. The town incorporates a total area of 4.1 square miles, with 2.9 square miles of land area, the remaining geographical area of Caswell Beach includes Significant North Carolina Natural Heritage areas. The elevations within the town range from sea level to 25+ Mean Sea Level. During the past decade as building has increased, storm events have intensified, and high tides have become more prevalent the Town is experiencing flooding that is overwhelming our stormwater system as well as flooding in areas that did not have flooding problems 15 years ago. After storm events the neighborhood areas within Caswell Beach have seen a steady increase in stormwater runoff and flooding. In 2018 the Town of Caswell Beach initiated a Stormwater/Floodwater Resiliency Plan to focus on the increasing stormwater flooding throughout the town. Phase one of the Town's Stormwater/Floodwater Resiliency Plan was to engage our residents in the process of taking ownership and identifying areas within their communities that were repeatedly impacted by storm flooding. Through public town meetings and onsite visits, we gathered information for the plan. With our information in hand, it was evident we needed to devise a comprehensive holistic plan to move floodwater away from homes and roadways and improve the quality of the stormwater runoff. Phase two of our Stormwater/Floodwater Resiliency Plan was to hire a stormwater engineer to oversee a field elevation survey of the affected areas, review the survey data, determine where mitigation projects could be done, prioritize the projects and provide engineered drawings, construction plans and cost estimates for the top five drainage improvement projects. Mr. Eric Tomczak P. E. from Proactive Development P.L.L.0 in Wilmington NC was hired as our Plan engineer. To secure funding for our Stormwater/Floodwater Resiliency Plan, in August 2019 the Town applied to Golden LEAF Foundation for funding through the Golden LEAF Hurricane Florence Recovery Grant Program. In June of 2020 the Town gratefully accepted Golden LEAF funding to create our Stormwater/Floodwater Resiliency Plan. The Caswell Beach Pond project is one of the five drainage improvement projects that make up the Stormwater/Floodwater Mitigation Plan. Pond Restoration Plan: The Pond Project consists of a 10,325 square foot wet pond with a 2,000 square foot forebay located on Flowering Bridge path in the Town of Caswell Beach. The project wet pond and forebay receives runoff and stormwater drainage from approximately 123 acres and has become filled with silt and algae.' The wet pond discharges to a drainage channel that outflows to the saltwater marsh of Piney Point Creek, the Intracoastal Waterway and Cape Fear River. Tidal influence and saltwater vegetation begin approximately 800 feet downstream from the wet pond outflow dam.z The goal of the project is to improve the silt filtering capacity of the forebay, the water quality in the wet pond outflow, and increase the stormwater holding capacity of both the wet pond and forebay by approximately 8,163 cubic feet. The project will include dredging the wet pond and forebay down to the original level (+2 Mean Sea Level) and replacing the nonfunctioning downstream dam which will improve the holding capacity 1 W.K. Dickson, Town of Caswell Beach North Carolina Stormwater Drainage Study, August 2000, Wilmington, NC. Pg 2-7 Z W.K. Dickson, Town of Caswell Beach North Carolina Stormwater Drainage Study, August 2000, Wilmington, NC. Pg 6-7 EEG 2022 Grant Program, Grant Code CB022CR Page 2 of 5 and water quality that outfalls from the wet pond to the drainage channel and saltwater marshes. The Caswell Beach Pond project is located within the common area of the Arboretum Homeowners Association neighborhood. There are 96 homes and 6 undeveloped lots that are affected by untreated stormwater flooding that is acerbated by the lack of capacity in the wet pond and forebay. Although the maintenance of the wet pond is the responsibility of the Arboretum Homeowners Association, the project design, application for funding and the actual project oversight is being done by the Town of Caswell Beach. The maintenance of the wet pond and forebay after restoration will be administered by the Arboretum Homeowners Association. The wet pond and forebay due to years of silt buildup lack the ability to treat and retain stormwater runoff during even minor storm events. In its current condition, the wet pond and forebay are choaked with sediment which prohibits the natural action of capturing, retaining, and treating stormwater runoff. Restoration of the Caswell Beach wet pond is considered a stormwater best management practice in North Carolina. As per Dr. William Hunt, Assistant Professor and Extension Specialist Biological and Agricultural Engineering North Carolina State University, wet ponds are the most common stormwater management practice in North Carolina and have been constructed since the 1970's in some parts of the state.' The Pond Project will address the objectives of the Environmental Enhancement Grant by improving the water quality of stormwater entering the environmentally sensitive waters of our state. Project Outcomes: • Restoration of the forebay to its original purpose of capturing and filtering sediments and runoff. • Increased stormwater holding capacity of the wet pond and forebay. • Regaining the ability to control the pond outflow by rebuilding the weir system and downstream dam. • Improve the filtering capability of the wet pond and forebay for stormwater pollutants before the stormwater discharges into the sensitive waters surround the Town of Caswell Beach. 3 William F. Hunt, Ph.D., P.E., Bill Lord, Fact sheet in the Urban Waterways series, Urban Waterways — Maintenance of Stormwater Wetlands and Wet Ponds, NC State University A&T State University NC Cooperative Extension Service Pg1. EEG 2022 Grant Program, Grant Code CB022CR Page 3 of 5 Project Permits & Easements: US Army Corp of Engineers Nationwide Maintenance Permit #3, US and or NC Fish & Wildlife permit, temporary construction easement from the Arboretum HOA to the Town of Caswell Beach. Permits are being applied for by the Arboretum HOA using professional services of Mr. Ben Brink, Coastal Permit Guy, LLC 910-302-5725. Project Restoration/Construction Benchmarks Will Include: (please see attachment CB022CR Engineered Project Design Pg 5) • Remove and replace the existing nonfunctional dam on the downstream end of the wet pond with a hand adjustable gate and weir system to regulate wet pond elevation and control outflow. • Remove (excavate) sediment buildup from wet pond to increase stormwater capacity and water filtering capabilities. Removing approximately 0.5 feet of sediment depth from the current 10,325 square foot footprint of the wet pond will provide an additional 5,162.5 cubic feet of stormwater filtering storage capacity. • Remove (excavate) sediment buildup from the forebay to increase sediment filtering capability and capacity. Removing approximately 1.5 feet of sediment depth from the current 2,000 square foot footprint of the forebay will provide an additional 3,000 cubic feet of stormwater filtering and storage capacity. • Excavated depth of wet pond and forebay will be approximately +2.00 Mean Sea Leve 1. • Dewater each load of excavated sediment (approximately 200 container loads) on site, haul & unload dewatered sediment to offsite upland location. Replacement of Dam Weir System Will Include: (please see attachment CB022CR Engineered Project Design Pg. 8, #10 OUTLET STRUCTURE DETAILS) Downstream Dam (weir & gate): • Remove and replace existing weir and wall outlet structure with a three section 15' concrete outlet structure with wing walls to serve as dam and regulate pond elevation. • Concrete wall - Concrete wall to be installed in three 5' x 4.5' sections; two wing walls and one middle outlet structure. • Weir, gate, and valve assembly to be in outlet structure (middle wall), cast grate 5' x 4.6'. EEG 2022 Grant Program, Grant Code CB022CR Page 4 of 5 Materials in Addition to Weir System Will Include: • Crushed concrete - 45 tons • #57 stone - 28 tons • Dry dirt — 120 tons • Pipe — Rubber lined 8' pipe 20 LF • Geotextile Fabric — one role, 12' x 100' Concrete & Forms • Sod — 5 pallets Road cleanup during project from sediment removal. EEG 2022 Grant Program, Grant Code CB022CR Page 5 of 5 Email Correspondence Arboretum Pond Maintenance Caswell Beach Brunswick County 5/10/22, 1:56 PM Coastal Permit Guy LLC Mail - RE: [External] Stormwater Ponds in Caswell Beach (SW8 880620) Mmal I Ben Brink <ben@coastalpermitguy.com> RE: [External] Stormwater Ponds in Caswell Beach (SW8 880620) 1 message Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Tue, May 10, 2022 at 1:48 PM To: Ben Brink <ben@coastalpermitguy.com>, "Lambe, Brian" <brian.lambe@ncdenr.gov> Cc: "Hall, Christine" <Christine.Hall@ncdenr.gov> Ben, It looks like you are asking about the circled ponds below. Assuming those are the ones in SW8 880620, (which is a low density permit that did not require them) and assuming that they are not natural ponds/wetlands (which is unlikely because there are fountains), you do not need any approval from State Stormwater for maintenance dredging. Thanks, Kelly K,eL L �jDkVt,s0Vt, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting https://mail.google.com/mail/u/1 /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3Al 732462412278043546&simpl=msg-f%3A1732462412... 1 /3 5/10/22, 1:56 PM Coastal Permit Guy LLC Mail - RE: [External] Stormwater Ponds in Caswell Beach (SW8 880620) 127 Cardinal Drive Wilmington, NC 28405-3845 Phone: 910.796.7335 From: Ben Brink <ben@coastalpermitguy.com> Sent: Tuesday, May 10, 2022 1:29 PM To: Lambe, Brian <brian.lambe@ncdenr.gov> Cc: Hall, Christine <Christine.Hal l@ncdenr.gov>; Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Re: [External] Stormwater Ponds in Caswell Beach CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. This is great info Brian, thank you! Kelly, So to dredge out about -1.5 from the "amenity or golf course ponds" do we need any documentation allowing for the maintenance? Ben On Tue, May 10, 2022 at 12:52 PM Lambe, Brian <brian.lambe@ncdenr.gov> wrote: Dear Mr. Brink: Your best course of action is to do a file review. If you look at the Active Storwater Permits Map online: Active Stormwater Permits Map (arcgis.com) There are several permits that may apply. SW8031121 Oak Island Golf and Country Club Phase II SW8100725 Fairway Drive Flood Relief Project SW8180203 Ryder Cup Lane SD But most likely SW8 880620 Arboretum. Attached is an email sent last year to Jeff Griffin of Caswell Beach from Kelly Johnsont. I think he is speaking of the same ponds. Brian Lambe Environmental Specialist 910-796-7313 919-268-1678 cell State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, INC 28405 910 796 7215 T 1 910 350 2004 F I http://portal.ncdenF.org/web/Ir/ From: Ben Brink [mailto:ben@coastalpermitguy.com] Sent: Tuesday, May 10, 2022 11:08 AM https://mail.google.com/mail/u/1 /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3Al 732462412278043546&simpl=msg-f%3A1732462412... 2/3 5/10/22, 1:56 PM Coastal Permit Guy LLC Mail - RE: [External] Stormwater Ponds in Caswell Beach (SW8 880620) To: Hall, Christine <Christine.Hal l@ncdenr.gov> Cc: Lambe, Brian <brian.lambe@ncdenr.gov> Subject: [External] Stormwater Ponds in Caswell Beach CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Ms. Hall and Mr. Lambe, The Arboretum Community Association is hoping to dredge out a pond in Caswell Beach. This email is to ask whether these ponds are considered stormwater ponds (any permitting history?) or are they under USACE jurisdiction? Please see attachment for location map and email from Gary Beecher (USAGE). The scope of the project is in a 'red square" with an arrow pointing to the pond on an engineered drawing. Thank you so much for any information on how to move forward with plans to deepen the ponds. Any help is appreciated. Kind regards. All the best, Ben Coastal Permit Guy, LLC (910)302-5725 Helping you get your work done! COASTAL P E R M I T GUY https://mail.google.com/mail/u/l /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3Al 732462412278043546&simpl=msg-f%3A1732462412... 3/3 5/10/22, 9:00 PM Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds Mmal I Ben Brink <ben@coastalpermitguy.com> Caswell Beach Golf course ponds 5 messages Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Tue, May 10, 2022 at 3:26 PM To: Ben Brink <ben@coastalpermitguy.com> Cc: "Christine. Hall@ncdenr.gov" <Christine.Hall@ncdenr.gov>, "kelly.p.johnso@ncdenr.gov" <kelly.p.johnso@ncdenr.gov>, "brian.lambe@ncdenr.gov" <brian.lambe@ncdenr.gov>, "Snider, Holley" <holley.snider@ncdenr.gov> Good afternoon all, Ben copied me on the previous e-mail that was sent about these ponds. Since SW8 880620 is a "low Density" stormwater permit then these (2) ponds are not part of the State Stormwater Permit/treatment plan? So there probably isn't a state mandated maintenance requirement for the ponds? Are there any engineered plans for the ponds (that show elevations and as built plans)? The Town of Caswell Beach wants to muck them out so they can handle more runoff or flood water? To me it looks like the ponds were constructed by damning up a coastal stream (years ago). Is the stream feature part of the stormwater plan? Is this feature considered a low density swale? Low Density should mostly consist of grassed swales, but since this is an older 1988 project the coastal storm water rules might have been different. I appreciate any help that you can give us on this site/project. If the ponds are determined to be Jurisdictional Waters of the U.S then a permit from the Corps would be required to muck them out. If they are part of a State Storm Water Permit/plan then the Corps would not require a permit or notification for the proposed work. (The Corps doesn't regulate stormwater features). Mr. Brink is performing his due diligence in learning all he can about this site. Thanks again for the assistance, it is much appreciated. Respectfully, Gary From: Ben Brink <ben@coastalpermitguy.com> Sent: Tuesday, May 10, 2022 2:03 PM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Subject: Re: [Non-DoD Source] Phone Call Request Hey Gary, Looks like the ponds may be covered under an old Stormwater Permit. See attachment and let me know if USACE is still involved in maintenance dredging. Thank you sir! Ben On Thu, Apr 28, 2022 at 1:57 PM Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> wrote: Ben, Those are interesting ponds. They basically took a stream, dammed parts of it up to create the ponds. Then ran their storm water into them via gutters and roadways. I think the ponds also function as flood control features, but I'm not sure. Ofcourse this was done pre -clean water act. (60's 70's ?) https://mail.google.com/mail/u/1 /?ik=80d48a80d2&view=pt&search=all&permthid=thread-f%3A1732468654078629299&simpl=msg-f%3A1732468654... 1 /6 5/10/22, 9:00 PM Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds I would check with the State DEQ (stormwater section) to see if there is actually a stormwater permit for the ponds. I'll check on my end also. If a active stormwater permit exists, then I might walk away from the ponds as being Jurisdictional (The Corps doesn't regulate stormwater ponds/features) But currently I'm calling the ponds Jurisdictional so a permit will be required to "muck" them out. They can't be mucked out any deeper then the original depth. (that will be hard to determine since there are no original plans on the ponds) -Also the ponds are possibly home to several American Alligators. The Alligator is an endangered species in NC. They would have to be trapped and safely removed before any work takes place in the ponds. (USFWS will need to be consulted about the work in the ponds to get their input on how to safely and legally deal with the Alligators) So its not just a pond mucking out job, there are several different potential Jurisdictional layers to this project. I'll let you know what I find out on my end. Gary From: Ben Brink <ben@coastalpermitguy.com> Sent: Thursday, April 28, 2022 1:02 PM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Subject: Re: [Non-DoD Source] Phone Call Request Yes sir. The ponds in the golf course. They want to dredge and clean them out. I was told you said NW 3 for maintenance. Any other agencies involved or just the nationwide 3 for you all? Apply with the PCN online form is all? Ben Brink ben@coastalpermitguy.com 910-302-5725 On Apr 28, 2022, at 12:57 PM, Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> wrote: Ben, Are you talking about the ponds associated with the golf course in Caswell Beach? Sorry about not calling, I've gotten to where I send out a -mails that way I can remember/retrieve what I talked to people about. I've got well over a hundred projects at any one time. Way to much stuff to remember. GB From: Ben Brink <ben @coastalpermitg uy.com> Sent: Thursday, April 28, 2022 10:17 AM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Subject: [Non-DoD Source] Phone Call Request Hey Gary, I have a question for you about dredging a stormwater retention pond in Caswell Beach (Brunswick County). Could you let me know when you are available for a quick call? https://mail.google.com/mail/u/1 /?ik=80d48a80d2&view=pt&search=all&permthid=thread-f%3Al 732468654078629299&simpl=msg-f%3A1732468654... 2/6 5/10/22, 9:00 PM Ben Coastal Permit Guy, LLC (910) 302-5725 Helping you get your work done! <—WRD0004.jpg> 2 attachments Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds Arboretum ponds in Caswell Beach.PNG 1032K Arboretum Ponds in Caswell Beach Lldar map.pdf 177K Hall, Christine <Christine.Hal l@ncdenr.gov> Tue, May 10, 2022 at 3:50 PM To: 'Beecher, Gary H CIV USARMY CESAW (USA)" <Gary.H.Beecher@usace.army.mil>, Ben Brink <ben@coastalpermitguy.com> Cc: "Lambe, Brian" <brian.lambe@ncdenr.gov>, "Snider, Holley" <holley.snider@ncdenr.gov>, "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> Gary, The post construction stormwater program has no jurisdiction over those ponds. Our files are considered public record and a file review can be scheduled to look to see if any details are provided regarding any existing features or elevations. Alternatively, the file can be scanned at the requestors expense. However, in my experience, these types of older files often contain limited details. Thanks for your interest. Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall@ncdenr.gov Address: 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. https://mail.google.com/mail/u/1 /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3A1732468654078629299&simpl=msg-f%3A1732468654... 3/6 5/10/22, 9:00 PM Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds From: Beecher, Gary H CIV USARMY CESAW (USA) [mailto:Gary.H.Beecher@usace.army.mil] Sent: Tuesday, May 10, 2022 3:27 PM To: Ben Brink <ben@coastalpermitguy.com> Cc: Hall, Christine <Christine.Hal l@ncdenr.gov>; kelly.p.johnso@ncdenr.gov; Lambe, Brian <brian.lambe@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov> Subject: [External] Caswell Beach Golf course ponds CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. [Quoted text hidden] Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Tue, May 10, 2022 at 3:56 PM To: "Hall, Christine" <Christine.Hall@ncdenr.gov>, Ben Brink <ben@coastalpermitguy.com> Cc: "Lambe, Brian" <brian.lambe@ncdenr.gov>, "Snider, Holley" <holley.snider@ncdenr.gov>, "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> Christine, Thanks for your assistance and for providing this information. I'm going to request that the applicant apply for a Nation Wide Permit 3 for maintenance work of the ponds. Respectfully, Gary From: Hall, Christine <Christine.Hall @ncdenr.gov> Sent: Tuesday, May 10, 2022 3:51 PM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>; Ben Brink <ben@coastalpermitguy.com> Cc: Lambe, Brian <brian.lambe@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] Caswell Beach Golf course ponds Gary, The post construction stormwater program has no jurisdiction over those ponds. Our files are considered public record and a file review can be scheduled to look to see if any details are provided regarding any existing features or elevations. Alternatively, the file can be scanned at the requestors expense. However, in my experience, these types of older files often contain limited details. Thanks for your interest. Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall@ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 https://mail.google.com/mail/u/1 /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3A1732468654078629299&simpl=msg-f%3A1732468654... 4/6 5/10/22, 9:00 PM Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds [Quoted text hidden] [Quoted text hidden] Ben Brink <ben@coastalpermitguy.com> Tue, May 10, 2022 at 4:03 PM To: "Beecher, Gary H CIV USARMY CESAW (USA)" <Gary.H.Beecher@usace.army.mil> Is that just the PCN online submission for NW# 3 maintenance? Ben Brink ben@coastalpermitguy.com 910-302-5725 On May 10, 2022, at 3:57 PM, Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> wrote: Christine, Thanks for your assistance and for providing this information. I'm going to request that the applicant apply for a Nation Wide Permit 3 for maintenance work of the ponds. Respectfully, Gary From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Tuesday, May 10, 2022 3:51 PM To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>; Ben Brink <ben@coastalpermitguy.com> Cc: Lambe, Brian <brian.lambe@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] Caswell Beach Golf course ponds Gary, The post construction stormwater program has no jurisdiction over those ponds. Our files are considered public record and a file review can be scheduled to look to see if any details are provided regarding any existing features or elevations. Alternatively, the file can be scanned at the requestors expense. However, in my experience, these types of older files often contain limited details. Thanks for your interest. Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall@ncdenr.gov Address: 127 Cardinal Drive Ext. https://mail.google.com/mail/u/1 /?ik=80d48a80d2&view=pt&search=all&permthid=thread-f%3A1732468654078629299&simpl=msg-f%3A1732468654... 5/6 5/10/22, 9:00 PM Coastal Permit Guy LLC Mail - Caswell Beach Golf course ponds Wilmington, NC 28405 <image001.jpg> [Quoted text hidden] [Quoted text hidden] Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil> Tue, May 10, 2022 at 4:19 PM To: Ben Brink <ben@coastalpermitguy.com> Yep, Do the following: 1. fill out and sign PCN form 2. Will need plans that show where the work will take place (impacts ,etc.) 3. submit the form electronically I don't know if the state will issue a 401 certification for this, probably just a 401 general certification. The 401 individual certification is for larger projects not for maintenance work. [Quoted text hidden] 3 attachments i Pre Construction Notice form.pdf 450K -n 2022 NWP-3.pdf 626K Electronic Submittal Procedures.pdf 410K https://mail.google.com/mail/u/1 /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-f%3Al 732468654078629299&simpl=msg-f%3A1732468654... 6/6 5/16/22, 9:43 AM Coastal Permit Guy LLC Mail - Caswell Beach Pond Maintenance Dredging Question Mmal I Ben Brink <ben@coastalpermitguy.com> Caswell Beach Pond Maintenance Dredging Question 3 messages Ben Brink <ben@coastalpermitguy.com> Fri, May 13, 2022 at 10:20 AM To: "Matthews, Kathryn H" <kathryn_matthews@fws.gov> Hi Kathryn, The Arboretum Community Association would like to dredge a pond (maintenance to increase stormwater retention) and I am wondering about any implications in the chance that American Alligators are present. Would you let me know if and what is necessary for USFWS. See attachment for more information. Thank you! Best, Ben Coastal Permit Guy, LLC (910) 302-5725 Helping you get your work done! COASTAL P E R M I T GUY -n ArboretumPondDredge_Stormwater10May2022.pdf 7675K Matthews, Kathryn H <kathryn_matthews@fws.gov> Mon, May 16, 2022 at 7:48 AM To: Ben Brink <ben@coastalpermitguy.com> Hi Ben, American Alligator is listed only due to similarity of appearance to the American Crocodile. There are no restrictions or prohibitions for American Alligator in North Carolina. I don't think there are any species of concern for the proposed pond maintenance. I hope this is helpful. Please note that 1 am teleworking almost exclusively. Email is the best way to reach me. Thanks, Kathy Matthews NC Renewable Energy Coordinator & Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Ben Brink <ben@coastalpermitguy.com> Sent: Friday, May 13, 2022 10:20 AM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Subject: (EXTERNAL] Caswell Beach Pond Maintenance Dredging Question This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. [Quoted text hidden] Ben Brink <ben@coastalpermitguy.com> To: "Matthews, Kathryn H" <kathryn_matthews@fws.gov> Mon, May 16, 2022 at 9:43 AM Thank you for the information Kathryn! Have a good week! Ben https://mail.google.com/mail/u/l /?ik=80d48a8Od2&view=pt&search=all&permthid=thread-a%3Ar-6525490049715799452&simpl=msg-a%3Ar-6530447... 1 /2 5/13/22, 1:48 PM Coastal Permit Guy LLC Mail - Caswell Beach Arboretum Pond Maintenance Dredge Mmal I Ben Brink <ben@coastalpermitguy.com> Caswell Beach Arboretum Pond Maintenance Dredge 3 messages Ben Brink <ben@coastalpermitguy.com> Fri, May 13, 2022 at 12:51 PM To: "Snider, Holley" <holley.snider@ncdenr.gov> Hi Holley, The Arboretum Community Association would like to dredge a pond (maintenance to increase stormwater retention) and I am inquiring what is necessary from NC DWR. See attached plans and email correspondence with Stormwater and USACE (Gary Beecher). Gary Beecher is requesting that a Nationwide #3 is applied for through the Corps. This email is to ask what is necessary if anything from DWR. Thank you for any assistance you can provide! Best, Ben Coastal Permit Guy, LLC (910) 302-5725 Helping you get your work done! COASTAL P E R M I T GUY 4 attachments +� ArboretumPondDredge_Stormwater10May2022.pdf �I 7675K Coastal Permit Guy LLC Mail - RE_ [External] Stormwater Ponds in Caswell Beach (SW8 880620).pdf 1748K Email Correspondence. pdf 335K -n Gary Beecher Email.pdf 69K Snider, Holley <holley.snider@ncdenr.gov> Fri, May 13, 2022 at 1:36 PM To: Ben Brink <ben@coastalpermitguy.com> Cc: "Beecher, Gary H CIV USARMY CESAW (USA)" <Gary.H.Beecher@usace.army.mil> Good afternoon Ben, Based on the scope of work the project will likely require an individual water quality certification from the DWR, see attached certification and thresholds. You are required to request a pre -filing meeting 30 days prior to submission of your ePCN application. The correspondence received on May 10 ill satisfy the pre -filing requirement and you may submit you application after June 9, 2022. The downstream waters of Piney Point Creek as classified as SA;HQW. The application should clearly state where and how water will be managed. This should include any water that must be pumped out of the pond to complete the work and changes in water storage volumes should be provided. Please detail any changes that will be made to the outlet structures as well. Work on the ponds was previously authorized by DWR project number 19950255, not sure if Gary has an old Action ID for this site. Feel free to call or email me if you have any questions. Sincerely, Holley Snider. Environmental Specialist II Division of Water Resources https://mail.google.com/mail/u/l /?ik=80d48a80d2&view=pt&search=all&permthid=thread-a%3Ar-4563812425660823788&simpl=msg-a%3Ar-4562159... 1 /2 5/13/22, 1:48 PM Coastal Permit Guy LLC Mail - Caswell Beach Arboretum Pond Maintenance Dredge North Carolina Department of Environmental Quality Phone: (910) 796-7303 .--o DE_���1eeyy�, Qi�� ,�:�, Y�pxl�Mnt N Fmlfen'M�[+i [I.�.i i 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: Ben Brink <ben@coastalpermitguy.com> Sent: Friday, May 13, 2022 12:51 PM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: [External] Caswell Beach Arboretum Pond Maintenance Dredge CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. [Quoted text hidden] +� GC4239 for NW3 signed with effective date.pdf I� 326K Ben Brink <ben@coastalpermitguy.com> To: "Snider, Holley" <holley.snider@ncdenr.gov> Cc: "Beecher, Gary H CIV USARMY CESAW (USA)" <Gary.H.Beecher@usace.army.mil> Thank you Holley for the helpful info. Have a good weekend! Ben [Quoted text hidden] Fri, May 13, 2022 at 1:48 PM https://mail.google.com/mail/u/l /?ik=80d48a80d2&view=pt&search=all&permthid=thread-a%3Ar-4563812425660823788&simpl=msg-a%3Ar-4562159... 2/2 Historical Permitting Documents Arboretum Pond Maintenance Caswell Beach Brunswick County July 22, 2002 Mr. Howard Newett, President Arboretum Community Association 604 Mimosa Place Caswell Beach, NC 28465 Subject: Permit No. SW8 880620Modification The Arboretum Subdivision Low Density Subdivision Stormwater Management Permit Brunswick County Dear Mr. Newett The Wilmington Regional Office received a complete modification to the Stormwater Management Permit Application for The Arboretum Subdivision on June 13, 2002. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 880620 Modification, dated July 22, 2002, for the construction of the project The Arboretum Subdivision. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:arl S:\WQS\STORMWAT\PERMIT\880620.JUL cc: Caswell Beach, Brunswick County Inspections David Thomas, NCDOT Division 3, District 3 Linda Lewis Division of Coastal Management Wilmington Regional Office Central Files State Stormwater Management Systems Permit No.SW8 880620 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Arboretum Community Association The Arboretum Subdivision Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for The Arboretum Subdivision. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: L DESIGN STANDARDS Each of the 103 lots is limited to a maximum of 4,871 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. State Stormwater Management Systems Permit No.SW8 880620 Modification IL SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 880620 Modification, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 4,871 square feet. The recreation Area is limited to 27,120 ft5. These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark. 4. The Arboretum Community Association shall make every effort to pass a resolution which allows the new built -upon area per lot of 4,871 ft5 to be recorded. State Stormwater Management Systems Permit No.SW8 880620 Modification 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 6. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 7. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 4 State Stormwater Management Systems Permit No.SW8 880620 Modification 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 22nd day of July, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION State Stormwater Management Systems Permit No.SW8 880620 Modification Alan W. Klimek„ P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 880620 Modification April 14, 1999 Mr. Robert O. Wray, Jr. 18 Kendrick Avenue Wareham, MA 02571 Subject: COMPLIANCE INSPECTION The Arboretum Stormwater Project No. SW8 880620 Brunswick County Dear Mr. Wray: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on April 14, 1999 to determine compliance with the Certification of Compliance with Stormwater Regulations Number SW8 880620 issued on June 30, 1988. A summary of the findings and comments are noted under Section 6 of the report. Please inform this Office in writing before May 14, 1999 of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\INSPECT\880620.APR cc: McKim and Creed Central Files Linda Lewis STORMWATER COMPLIANCE INSPECTION REPORT Project Name Project Number: Water Body The Arboretum SW8 880620 Control Measure Piney Point Creek (CFR 18-88-9-2-4) Directions to site, address: Off Caswell Beach Road on left. 2. Inspection Date: April 14, 1999 Weather Conditions 3. Compliance Issues: C! 5 25% Low Density Classification: SA Cool, sunny a. A service road has been constructed beside the entrance bridge, not shown on the approved plan. b. The road section in the subdivision has been altered from that which was approved. Islands have been created where the road splits into two parts. This type of road section was not shown on the approved plan. C. The layout of the subdivision differs from what was approved. The area near the cul- de-sacs named Mimosa Place and Narcissus Mews on the plans has been altered. It appears that Narcissus Mews has been deleted; another sac has been added because the road no longer connects through; and Mimosa Place has been lengthened. d. With the street layout changes, the lot layout and possibly the number of lots, has also changed. e. A parking lot has been added to the recreation area that is not shown on the approved plan. PE Certification Received? n/a Deed Restrictions Received? NO Required Action: a. Please submit a stormwater management permit modification to account for these changes, and demonstrate continued compliance with the 25% low density option. A completed submittal includes 2 sets of complete, revised plans with all road and cul- de-sac details, a completed application and supplement, design calculations, a map of the recreation area, and a $420.00 application fee. b. If there are now more lots than the approved 102, the built -upon area per lot will need to be reduced to account for it, and the revised number recorded with the Register of Deeds. Inspector: Linda Lewis Water Quality/Wilmington Regional Office/(910) 395-3900