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HomeMy WebLinkAbout20120732 Ver 2_Approval Letter_20150306Ai;Aw NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 6, 2015 DWR q 2012 0732 V2 Carteret County National Park Service Cape Lookout National Seashore Attn: Patrick Kenney, Superintendent 131 Charles Street Harkers Island, NC 28531 Subject Property: Shell Point Visitor Center, Phase 2, Harkers Island APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. Kenney: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.1 acres of wetlands and temporarily Impact 0.06 acres of wetlands as described in your Pre - Construction (PCN) application dated February 6, 2015 and received by the Division of Water Resources (Division) on February 19, 2015and subsequent information received by the Wilmington Regional Office (WiRO) on March 5, 2015. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910- 796 -7215\ Internet www.ncdenr.eov An Equal OpporWnty 1 Af vn� Action Empbym- Made in pan by recYrkE pWw National Park Service Cape Lookout National Seashore Attn: Patrick Kenney, Superintendent DWR Project # 2012 0732 V2 March 6, 2015 Page 2 of 5 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved Including incidental Impacts: 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 021-1.0501 and .0502). „ 3. This General Certification shall expire on the'same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. , 4. Any final construction plans for this project must include or reference the application and plans - approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H,.0502 (b) and 15A NCAC 02H .0506 (4)] 5. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, mineral and Land resources (DEMLR) of locally delegated program has released the specific area within the project [15A NCAC 02H.0501 and .0502 Amount Approved (Units) Plan Location or Reference Open Waters N/A 404/401 Wetlands Permanent Temporary Sheets 4 (Water Quality W1 (0.1 ac) (0.06 ac) Exhibit A & B) & 13 of 33 (attached) ., 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 021-1.0501 and .0502). „ 3. This General Certification shall expire on the'same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. , 4. Any final construction plans for this project must include or reference the application and plans - approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H,.0502 (b) and 15A NCAC 02H .0506 (4)] 5. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, mineral and Land resources (DEMLR) of locally delegated program has released the specific area within the project [15A NCAC 02H.0501 and .0502 National Park Service Cape Lookout National Seashore Attn Patrick Kenney, Superintendent DWR Project H 2012 0732 V2 March 6, 2015 Page 3 of 5 6. Sediment and Erosion Control Measures Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 7. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example — orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. (15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3) (f) and GS 143 Article 21A] 9. The permitee shall require its contractors and /or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project with a copy of the Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H.0507 © and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 30. Project Compliance Within 60 days of completion of construction, as -built drawings (which can be shown on an aerial or done as a survey) shall be submitted to both the Division of Water Resources, 401 and Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617 and to the Wilmington Regional Office. 115A NCAC 02H.0507 © and 15A NCAC 02H.0506 (b)(2) and (c) (2)] National Park Service Cape Lookout National Seashore Attn. Patrick Kenney, superintendent DWR Project M 20120732 V2 March 6, 2015 Page 4 of 5 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and /or authorized agent is required to return a copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten days of project completion (available at: http: //aortal. n cden r.org /web /wq /swp /ws /401 /certsandperm its /a poly /forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). , The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is-received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center National Park Service Cape Lookout National Seashore Attn Patrick Kenney, Superintendent DWR Project p 2012 0732 V2 March 6, 2015 Page 5 of 5 Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette(a)ncdenr.aov or Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or Joanne.SteenhuisPncdenr.eov if you have any questions or concerns. Sincerely, �U Jim on Regional Supervisor DWR Wilmington Regional Office Enclosure: GC 3886 cc: Steve Rice — Rice and Associates, PLLC — electronic copy Jonathan Howell — DCM Morehead City — electronic copy Christy Folta— USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette — DWR Wetlands and Buffers Unit WiRO STORMWATER BOUNDARY LINE TABLE LINE BEARING DISTANCE LI N 15.25'46' E 2548' L2 N 16'26'35' E 5026' L3 N 13.12'50' E 8546' L4 N 13.16'5!' E 2426' L5 N 13.08'49' E 9961' L6 I N 13.37'57' E 1 20 42' L7 N 13'37'57' E 211.83' LB S 86.30'16' E 2325' L9 N 03.18'40' E 2850' L10 S 62.54'04' E 11065' Lll S 62'09'07' E 699' L12 S 63.28'58' E 162 46' L13 S 18'24'46' E 45.73' L14 S 62'59'58' E 83.43' L15 S 24.31'09' V 19.75' L16 S 63.34'09' E 3235' L17 N 32.34'41' E 57.18' LIB S 18'54'58" V 10423' L19 N 66.33'51' W 41.72' L20 S 30'35'25' V 44 OF L21 N 27.35'24' E 1023' WMAND LINE TABLE LLNE BEARING DISTANCE LI S 80'40'72' E 1653' L2 S 8026'25' E 2736' L3 N 22'39'18' E 1793' C2 N 21.57'20' E 2686' 1364' N 09'01'33' V 2660' C3 N 60'0072' V 2237' 4661' S 66' 3277 E 29.43' FL6 S 30.0)'51' E 1955' 2229' S 66'40'10' E 1677' CS N 62'58'47 E 1962' 2133' N 17'16'00' V 1060' N 10'42'44' V 1342' L13 N 4609'29' V 20,04' 04 N 40'19'14' E 2688 N 54 38'34' E 2293' N 225429' E 2205' S 74'0572' E 2219' ND5 S 593634' E 3546' N 34'21'22' E 5926' N 57.53'10' V 9304' N 31'17'47' E 9594' 0941 y�9T A%qy FQF ' Ic { \PINiCI!`612 W16{ 1- SPINA\ pAYIYC ] \9V1- 6Y- ppNlS- pppilfTf- LL1I}y Eq py g}g4AA1iY P61YQT pL LIIII }P ]/11/]O15 OS Sl ]l BB .�P' AII(Ap'f LM"OF01 4 25`� PAM 4 21 'y 21 A MAN c 4 , v ft� STORMWATER BOUNDARY CURIE TABLE CURVE I RADIUS 1 ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CI I 25.69' 1 4082' 36.66' N 23'10'27' W 91.01'45' C2 13035' 1365' 1364' N 19.20'27' E 5'59'58' C3 29.99' 5338' 4661' N 64'36'09' E 101'58'26' C4 19.88' 2366' 2229' S 30'33'30' E 68.11'42' CS 2206' 2226' 2133' S 50'26'10' V 57049'08' H E9 1, Million I 26 oar II t P.�lv1e�� 41140, o•1111WR= STATE STORMWATER PERMIT IMPERVIOUS AREA CALCULATIONS PRE -1988 IMPERVIOUS AREAS NO SQUARE FEET DESCRIPTION 1 4783 CHARLES STREET & DRIVE (ASPHALT) 2 4680 VISITORS CENTER BUILDING 3 38488 SOUTH PARKING LOT (ASPHALT) 4 6194 FUEL FARM (GRAVEL, CONIC PADS, MASONRY BLOCK WALLS) 5 4635 FUEL FARM SERVICE DRIVE (ASPHALT) 6 150 FUEL FARM PAINT STORAGE BUILDING 7 400 PAINT STORAGE BUILDING WALK (CONCRETE) 8 5034 ISLAND ROAD & BOAT RAMP (GRAVEL) 9 7242 GLAND ROAD (ASPHALT) 10 8570 1 NORTH PARKING LOT (ASPHALT) cup 14 IDIAL u1 I umuuAL mt:AS - 1.64 ACRES PROJECT AREA (STORMWATER PERMIT) 8.91 ACRES PRE -1988 IMPERVIOUS AREA 1.84 ACRES ADJUSTED PROJECT AREA 7.07 ACRES POST -1988 IMPERVIOUS AREA ADDITIONS t2 r ]�� lv p"1 6 S 2 y 1201 11 2845 VISITORS CENTER BUILDING REMODEL 12 671 NORTH PARKING LOT SIDEWALK (CONCRETE) 13 4041 NORTH SIDEWALKS (CONCRETE) 14 735 SOUTH PARKING LOT. WEST ENTTtANCE (ASPHALT) 15 4328 SIDEWALKS SOUTH & EAST OF VISITORS CENTER (CONCRETE) 16 1346 STORAGE AREA AT EAST SIDE OF BOAT RAMP (GRAVEL) 17 241 BUILDING ENTRANCES (STAMPED CONCRETE) 14208 TOTAL OF INDIVIDUAL AREAS a 0.33 ACRES PHASE ONE FACILITY SITE IMPROVEMENTS 1B 157 TICKET OFFICE BUILDING ADDITION 19 12 48 SIDEWALKS (CONCRETE) 18,825 1939 1 QUEUING SHELTER (ROOF AND CONCRETE) x OFD 1 411 -,� w ? >J a> 4wo 20 , QUEUING SHELTRR /a•, _ � MARINA AND BOAT BASIN 4c V 4. b 8 CORE SOUND 9 30-nOpr MME WA TtR ` \ CORE SOUND , II CORE SOUND LIMITS OF DISTURBANCE = 42,817 SF (0.98 AC) MI5 TOTAL OF INDIVIDUAL AREAS - 0.08 ACRES PHASE TWO FACILITY SITE IMPROVEMENTS 21 3400 1 17 10' %20' PARKING SPACES (ASPHALT) 22 905 COMFORT STATION BUILDING 23 2810 SIDEWALKS (CONCRETE) 24 8073 BUS TURN -AROUND AND DRIVES (CONCRETE & ASPHALT) 25 1105 4 -FOOT WIDE TRAIL - SOUND ACCESS (CRUSHER FINES) 26 1532 5 -FOOT WIDE TRAIL - MUSEUM ACCESS (CRUSHER FINES) 'Gaza IulK ur INUMUUAL AREAS - 0.43 ACRES NCDENR - DEMLR - IMPERVIOUS SPREADSHEET NATIONAL PARK SERVICE SHELL POINT FERRY& VISTTORS CENTER FACILITY Harkens Island Project ac ft (estimated) Project Area B.91 388,12 Existing/Pre -1968 1.84 80,150 Adjusted Project Area 7.07 307,969 Low Density Percentage Allowed 12.00% 12.00% Maximum Allowed Impervious 0.85 36,956 Allocated Impervious 0.87 36,956 Existing/Post -1988 0.33 13,136 Phase! 0.06 3,578 Phase ll 0.43 18,825 Future Available 0.031 1,417 REGULATORY RENEW PLANS - Nor FOR CONSTRUCTION �IiANDS WETLANDS = 70,870 SF - 1.63 ACRES 575' 15j4 r TO ORW--,,/ � Z o Ql- SO( /�O � I IMPACT AREA i Q Eli i �lF`ss� Af91®KEW RTTR (,F4A11 / / + / 1r,�ttw7 AC an ��/ Etx>,usauu AE � / RX0 Affil / � I 70F�DRII(STURB AA I CE \ V v FM AWA am no RRS MAW y w KUM IIA6(1IFC ) s/f�\°��4t• IkM.715.9110 AC 61i0 •r� EZ7401017 AE 10 s a > i. e � LIMITS OF DISTURB ECEIVE 2 3A MAR 0 5 2015 �\ \ BY. ASSUMED WETLAND POINT (TYP, 1A 1C 4C LAND IMPACTS do AREA CALCULATIO �\ / AREA 1, PERMANENT IMPACTS, FORESTED �\ No. F7:EsoLARE f oFSCCRPTION / ❑ LiA 1 2519 ROADWAY. TRAIL k FILL ROADWAY. TRAIL & FILL �•„ 1B / 7 PROJECT WETLAND LIMITS 0 50 100 y 2726 PER A ENT AREA 1 - ..oe ON— ' AREA 2, PERMANENT IMPACTS, NON — FORESTED Y S w N0. FEEf W OESCRPRON • \Y `\ \ 1546 1 ROADWAY, TRAIL A FILL 1546 TOTAL OF IMPACT AREA 2 - 0.04 ACRES AREA 3. TEMPORARY IMPACTS. FORESTED WETLAND IMPACT AREAS 2135 TOTAL OF IMPACT AM 3 - OAS ACRES AREA 4. TEMPORARY IMPACTS. NON — FORESTED NO SOUARE FEET DESCRPIM M 1350 ING CLEAR - NO FUM7E MAINTENANCE \ 35 755 CLEAR= - NO FVIURE MAINTENANCE 2135 TOTAL OF IMPACT AM 3 - OAS ACRES AREA 4. TEMPORARY IMPACTS. NON — FORESTED 4N%_XW,.0fAACT AREA 4 - 0,01 ACRES TOTAL PERMANENT WETLAND IMPACT = 0.1 ACRE WAOMIL OUAW71 t*14161T " lip 1' ASOU ATORY REVEN PLANS - NOT FOR WNSTRIX110N L7, F 4N%_XW,.0fAACT AREA 4 - 0,01 ACRES TOTAL PERMANENT WETLAND IMPACT = 0.1 ACRE WAOMIL OUAW71 t*14161T " lip 1' ASOU ATORY REVEN PLANS - NOT FOR WNSTRIX110N WETLANDS - 70,870 SF - 1.63 ACRES 575' l ORW--,,,// / / o -v 1 �° IMPACT AREA SEAL 8293 3_ g- t5 1 11` 11171 ' y / / KIIANDS 10ANDS S OF DISTURBAIogEI N \` , V V v WM AN ZW CM 0.M MU /6 RA.YD NAG iii 2/% N:71,,TKl17D AC W fj7A1011A➢I /7t ��FSS AcvAm Ir6WC mrr (O11Gt)�A � / UPI ANDS s�7 / INN WETLAND LIMITS %, ac .. j i-- 009 4A 1 � rlA 1C u 1=t /i 4C WETLAND IMPACTS & AREA CALCULATIONS AREA t_ PERMANENT IMPACTS. FORESTED N0. sOUARE FEET DESCRIPTION +A xsi9 ROADWAY. TRAL & FAIL 1B 133 ROADWAY. TRAIL & FlLL IC 74 ROADWAY, TRAIL & FILL 2726 TOTAL OF IMPACT AREA 1 - 0.06 ACRES AREA 2. PERMANENT IMPACTS. NON— FORESTED N0. I FEEf SQUARE DESCRIPTION 2 1 1516 1 ROADWAY, TRAIL k FILL N0. 1516 SQUARE FEET TOTAL OF IMPACT AREA 2 - 0.04 ACRES a DESCRIPTION 3A ,350 CLEAN NG - NO NNRE MAINTENANCE 38 7B5 CLEARING - NO FUTURE MWTENARCE 2135 TOTAL OF IMPACT AREA 3 - 0.05 ACRES N0. SOLNRE FEET ESCRIPRO+ M DMNINC NO. CIFARNIC - "URE LWNIETIANCE 4B CLFARNG - RIIURE MAJMENANCE 4C S+R C 0 FUTURE MAINTENANCE 4 IMPACT AREA 4 - 0.01 ACRES TOTAL PERMANENT WETLAND IMPACT 0.1 ACRE LIMITS OF DISTURB) T RAXY R eFCEiV SASSUMCD MAR 0 51015 BY. WETLAND POINT MANF047T IN WETLAND IMPACT AREAS WATT cP LA LoI TY tM I &IT "A�� ® a » m REVISED 3/5/15 moxvm RmAEW PIANS - w FoN wNS+RLlmm rommm.pow S4N %8 TIRE OF SN DMNINC NO. � WETLAND IMPACTS AND 125 86 S+R Q AREA CALCULATIONS PMS�NC ND. iE REj'R C8 PASSENGER FERRY FACUTIES AT 210503 SHELL POINT VISITOR CENTER PHASE 2 SHEET OF