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HomeMy WebLinkAbout20150280 Ver 1_Approval Letter_20150414�®�'6VA MSENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 14, 2015 Donald R. van der Vaart Secretary DW R # 15 -0280 Pamlico County Camp Don Lee Attn: Mr. Phillip K. Nanney 315 Camp Don Lee Road Arapahoe, NC 28510 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse River Riparian Buffer Impacts with Additional Conditions Camp Don Lee Bulkhead — 315 Camp Don Lee Road, Arapahoe Dear Mr. Nanney: You have our approval for the impacts listed below for the purpose described in your application dated March 13, 2015 and received by the Division of Water Resources (Division) on March 18, 2015 with subsequent information received on April 6 and 9, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permits) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0233(7)] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Open Waters OW -1 (Rip -Rap) 0.06 (acres) 0 (acres) CAMA Major App. Sheet Nos. 1 and 2 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affrmal ve Action Employer — Made in pan by recycled paper Camp Don Lee Attn: Mr. Phillip K. Nanney DWR # 15 -0280 401 AND BUFFER APPROVAL Page 2 of 5 Buffers -Zone 1 B -1 (Phase 1— Rip -Rap) 3,680 (square feet) 0 (square feet) Camp Don Lee Bulkhead Phase 1 and 2 Figures and Impact Table B -2 (Phase 1— Bulkhead) 255 (square feet) 0 (square feet) B -3 (Phase 1— Bulkhead Work Corridor) 0 (square feet) 3,040 (square feet) B -4 (Phase 2 — Rip -Rap) 894 (square feet) 0 (square feet) B -5 (Phase 2 — Bulkhead) 730 (square feet) 0 (square feet) B -6 (Phase 2 — Bulkhead Work Corridor) 0 (square feet) 8,760 (square feet) Buffers -Zone 2 B -7 (Phase 1— Bulkhead) 8 (square feet) 0 (square feet) B-8 (Phase 1— Bulkhead) 0 (square feet) 200 (square feet) 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 approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [15A NCAC 02B .0507(c)] 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233 (6)] Camp Don Lee Attn: Mr. Phillip K. Nanney DWR # 15 -0280 401 AND BUFFER APPROVAL Page 3 of 5 5. 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 Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 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] 6. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220) 7. Re Opener Clause The Camp Don Lee and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. The Camp Don Lee shall require their contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Camp Don Lee and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 8. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). Camp Don Lee Attn: Mr. Phillip K. Nanney DWR # 15 -0280 401 AND BUFFER APPROVAL Page 4 of 5 9. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H .0507 (c)] 10. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC 02H .0506(b)(5)] 11. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B 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: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: John C. Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Camp Don Lee Attn: Mr. Phillip K. Nanney DWR # 15 -0280 401 AND BUFFER APPROVAL Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water and Neuse River Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraugh @ncdenr.aov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Daniel Govoni, DCM Morehead City Josh Pelletier, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Brandi P. Robertson, B. Prescott Marine Construction, LLC, PO Box 874, Oriental, NC 28571 B. PRESCOTT MARINE CONSTRUCTIONS LLC NC MARINE CONTRACTOR #67655 April 9, 2015 APR - 9 2015 Mr. Anthony Scarbraugh Division of Water Resources t Rip Rap OPSMAWO es Washington Square Mall tart Washington, NC 270 sq ft RE: Camp Don Lee Bulkhead Project Zone I — 255 sq ft Zone II — 8 sq ft Dear Mr. Scarbraugh, 3,240 sq ft I have prepared the following figures in response to your request. Type Square Footage Type of Impact , Zone Rip Rap 3,680 sq It Permanent Zone I Vinyl Wall 270 sq ft Permanent Zone I — 255 sq ft Zone II — 8 sq ft Vinyl Wall Work Corridor 3,240 sq ft Temporary Zone I — 3,040 sq ft Zone II — 200 sq ft Please feel free to contact me if any other information is needed. Sincerely, Brandi Prescott Robertson Permit Specialist PO BOX 874 - ORIENTAL, NC 28571 - PHONE: 252 - 249-0149 -FAx: 252 - 249 -0384 W W W .PRESCOTrMARINECONS-rRUC- nON.COM 710 = 3 so jr 1 s R OF o rn a � � f r � e e� LZ 1 _ N s� T G Z 7i K_ tv I, ti 1 ��£ b Z i C C C r� O W Z z� 'O cn C� T 7C� l> f� S rt• S y ro S S J 'O Q W � r^ f J 2 r � d 1 I G �1 C F t�1 A d p t� 'a 1 T 1\6 ►' 0 Permit Class !a � � D -g© NEW p� STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Camp Don Lee, 315 Camp Don Lee Rd., Arapahoe, NC 28510 Permit Number 56-15 MAY 12 2ol5 Authorizing development in Pamlico County adi. to the Neuse River, at 315 Camp Don Lee Road. in Arapahoe , as requested in the permittee's application dated 2/10/15. including the attached workplan drawings (2), both dated 4/3/15 This permit, issued on May 4. 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The authorized bulkhead, riprap, and associated access steps shall adhere to the alignment depicted on the attached workplan drawings. 2) The alignment of the permitted bulkhead and riprap shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. �f1 `--P','_.-Braxton C. Davis, Director 'Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee �.vvttv,�.;.pqvy .ti :c-.vac-t'�ia2�avrxvi,4tt! :'SC4}P ti.ti-1.:�}::�r}:ti4:�.+��-}4}f :w..'K-::�ri4.v}:vim 'Ynw: Y•}trty}}iC-.�Y+.•;•,•i}: � 'r}}Y/.{ fry .KtisiX�}C-N: rr-064CK�/J.-Y.K-.W.�i-}4Y 4+rr-}; ?vr% � t S Camp Don Lee Permit # 56-15 Page 2 of 3 7 ADDI'T'IONAL CONDI'T'IONS x ' 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall Y and deadmen cables, etc. 5) The bulkhead shall be constructed prior to any backfilling activities. f t } Y 6) All backfill material shall be clean and free of any pollutants except in trace quantities. 7) The riprap material shall be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 8) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. Jl } ?� Y Y Y Sedimentation and Erosion Control i 1 x 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of x suspended sediments in adjacent waters. f f y 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately r landward of the bulkhead cap immediately following completion of backfilling activities. ti f f General a 11) The permittee understands and agrees that, if future operations by the United States requires the r removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause Y unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. �l � 1+J•N4hW.'i�W;h�K.-0ii-h YWv`•Cati.Mti{•Y✓LM!K-��4 i-:i-Y:�\•:tii!y`titi-;•�f�'•+. r\�`Xti�•:��:{ii•.-iti-.-?+.i•�J•:•}}tivi� M1-JiK-}.}{i.•v: }}•.:ii- v.`CKitii.: \-'l. \:s•ivJ-ti•F:-i+�n�:v-:•'r?^C•C�.^?i}'.Xiti'4}vC+N.-ti•S.•;ii�+TY.- lk Camp Don Lee Permit # 56-15 Page 3 of 3 fi ADDITIONAL CONDITIONS ti , NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. ti NOTE: Future development of the permittee's , property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any ' such activity for this determination. The permittee is further advised that many development or i -land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Basin. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW - 2015 -00679. Y