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Home My WebLink About20061048 Ver 1_Approval Letter_20060814 (2)e,,. SrwrF a ~~ - f 3 ~ ~,....~ .®~ ~,,. ENVIRONMENTAL MANAGEMENT COMMISSION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Michael F. Easley, Governor William G. Ross Jr., Secretary Delilah Blanks Donnie Brewer John S. Cuny Marion Deerhake Tom Ellis John R. Gessaman E. Leo Green, Jr. Freddie Harrill August 14, 2006 David H. Moreau Chairman Charles Peterson Vice Chairman Kevin Martin Dickson Phillips III Frank Shaw Stephen Smith Kenny Waldroup Steven D. Weber Forrest R. Westall, Sr. DWQ Project No.20061048 Dare County Avon/Kinnakeet Mine, LLC attn: Mr. Ray Hollowell P.O. Box 1411 Manteo, NC, 27954 Subject Property: Avon/Kinnakeet Sand Mine Expansion, Avon, NC APPROVAL of SITE-SPECIFIC VARIANCE from the STATE OF NORTH CAROLINA WETLANDS STANDARDS [15A NCAC 2B .0231] with ADDITIONAL CONDITIONS Dear Mr. Hollowell: You have our approval, in accordance with the attached conditions, to excavate 6.16 acres of jurisdictiona1404 wetlands for the purpose of expanding the existing Avon/Kinnakeet Sand Mine as described within your application materials received by the Division of Water Quality on June 16, 2006, plus the Site-Specific Variance Request presented to the Environmental Management Commission (EMC) on July 13, 2006 followed by a special meeting of the EMC conducted on August 9, 2006. This letter shall also act as your Site-Speck Variance approval as decided by the EMC on August 9, 2006 and described within 15A NCAC 2B .0226. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Mining Permits. This approval is only valid for the purpose and design that you described in your Site-Specific Variance application materials. If you change your project, you must notify us and you may be required to send us a new application and request a new Site-Specific Variance approval through the EMC. If the property is sold, the new owner must be given a copy of this Approval and is thereby responsible for complying with all conditions. Any new owner(s) must notify the Division of Water Quality and request that the Site-Specific Variance be issued in their name. For this Approval to be valid, compliance with the conditions listed below is required. An Equal Opportunity Affirmative Action Employer Conditions of Approval: 1. Impacts Approved Avon/Kinnakeet Sand Mine August 14, 2006 Page 2 of 4; The following impacts are hereby approved as long as all of the other specific and general conditions of this Approval are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference 404 Wetlands 6.16 acres Pa e 9 of June 16, 2006 a lication Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur, 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; Continuing Compliance: 5. Ray Hollowell and Avon/Kinnakeet Mine, LLC, shall conduct construction 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. If the Division 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, the Division may reevaluate and modify this Approval to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Approval, the Division shall notify Ray Hollowell and Avon/Kinnakeet Mine, LLC, 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 Ray Hollowell and Avon/Kinnakeet Mine, LLC 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; Mitigation: 6. Compensatory Mitigation (Final Plan Needed) Avon/Kinnakeet Sand Mine August 14, 2006 Page 3 of 4 Mitigation must be provided for the proposed impacts as specified in the table below. A final compensatory mitigation and five-year monitoring plan must be approved in writing by the Division of Water Quality. The plan must be provided to the Division of Water Quality by December 31, 2006. The mitigation sites, as well as the pond created within the footprint of the mined area, must be maintained according to the approved plan and permanently protected by the use of conservation easements or similar protections. The draft language of the conservation easements for the specific sites to be included in all mitigation areas shall be included in the mitigation plan. Any repairs or adjustments to the mitigation sites must be made according to the approved plan or must receive written approval from this Office to make the repairs or adjustments. Com ensato Miti ation Credit Re uired Stream N/A Wetlands 12.32 acres (6.16 acres @2:1 ratio, with 1:1 restoration/creation at a minimum included): 0.95 acre restoration at Askins Creek site 0.49 acre creation at Askins Creek site 4.75 acre by Ecosystem Enhancement Program (see condition 7 below, EEP rounds up to nearest 0.25 acre) 30.65 acre preservation with Conservation Easement at sites near Portside Drive and Pamlico Sound Fi ure 2 of a lication Waters N/A Buffers N/A 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP} Mitigation must be provided for the proposed impacts as specil:Ied in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Approval shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Approval authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Re uired River and Sub-basin Number Wetlands 4.75 acres Pamlico 03-01-55 Other Conditions: 8. All sand materials mined from the expansion area are to be stockpiled for the exclusive use of the North Carolina Department of Transportation for use in road stabilization activities on Ocracoke and/or Hatteras Islands. Mined material is not to be sold or made available for private use under any circumstances, or transported to areas outside Ocracoke or Hatteras Islands. Reports detailing the quantities of excavated materials extracted, stockpiled and sold to NCDOT are to be provided to the Division of Water Quality on an annual basis until the mining and selling activities within the expansion area are exhausted. Avon/Kinnakeet Sand Mine August 14, 2006 ' Page 4 of 4 9. The pond remaining within the footprint of the mining area following sand excavation must remain in place, in perpetuity. The pond is not to be back-filled for the purposes of land reclamation under any circumstances. 10. All mining activities within the expansion area are to fully comply with all conditions of the Non-Discharge Permit Number WQ0002284 (and any subsequent re-authorizations and modifications) at all times during and after completion of the mining activity, with special attention paid to the requirements in Paragraph 1.8. of the referenced Permit. Specifically, these Performance Standards relate to buffer maintenance requirements. 11. Mining and/or stockpiling areas shall not infringe upon any re-use irrigation fields associated with the Kinnakeet Sand Mine or adjacent Kinnakeet Shores development. Also, this Approval to proceed with your proposed impacts as depicted in your application shall expire upon expiration of the Mining Permit administered by the NC Division of Land Quality. If you do not accept any of the conditions of this Site-Specific Variance Approval, you may request an adjudicatory hearing. To ask for a hearing, send a written petition which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611- 7447 within 60 days of the date of this Approval. This Site-Specific Major Variance Approval and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Environmental Management Commission. Please call Cyndi Karoly with the 401 Oversight and Express Permits Unit at 919-733-9721 if you have any questions or require copies of water quality rules or procedural materials. This the 14~' day of August 2006 i r. David H. Moreau Chairman, Environmental Management Commission cc: AI Hodge, DWQ Washington Regional Office Floyd Williams, Division of Land Quality Ken Jolly, US Army Corps of Engineers, Wilmington District Dave Lekson, US Army Corps of Engineers, Washington Regulatory Field Office Doug Huggett, NC Division of Coastal Management Susan Massengale, DWQ Public Information Oft'icer Alan Klimek, P.E., Director, Division of Water Quality Tom Reeder, Wetlands and Stormwater Branch Cyndi Karoly, 401 Oversight and Express Permits Unit File Copy Central Files John Payne, Attorney General's Office Ward Marotti, Goldstein & Associates, 8480 Garvey Dr., Raleigh, NC, 27616-3175 Stan M. White, Board Member, NCDOT, P.O. Drawer 1447, Nags Head, NC, 27959 20061048Avo n (D a re) Va ri a n ce ` ~ 3 ~ . ~,. ` ,~~~. ENVIRONMENTAL MANAGEMENT COMMISSION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Michael F. Easley, Governor William G. Ross Jr., Secretary Delilah Blanks Donnie Brewer John S. Cuny Marion Deefiake Tom Ellis John R. Gessaman E. !eo Green, Jr. Freddie Harrill David H. Moreau Chairman Charles Peterson Vice Chairman Kevin Martin Dickson Phillips Ill Frank Shaw Stephen Smith Kenny Waldroup Steven D. Weber Forrest R. Westalt, Sr. Environmental Management Commission North Carolina Division of Water Quality Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 28.0231, Mr. Ray Hollowell and Avon/Kinnakeet Mine, LLC have permission as outlined in the Site-Specific Variance Approval issued by the Environmental Management Commission to impact 6.16 acres of wetlands for the purpose(s) of expanding the existing Avon Sand Mine in Avon, Dare County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Site-Specific Variance Approval. THIS APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Avon Sand Mine, Avon, NC COUNTY Dare BASIN/ SUB BASIN Tar-Pamlico/030155 As required by the conditions of this Approval, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters. The portion of the mitigation requirement to be conducted by the Ecosystem Enhancement Program is outlined below. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments according to 15 2R.0503(b). Im acts Miti ation 6.16 Acres of Class WL wetland 4.75 Acres of Class WL wet{and by EEP In correspondence dated June 6, 2005, the EEP indicated that up to 7.0 acres of mitigation w2t1 be conducted by EEP if necessary for the Approval. An Equal Opportunity Affirmative Action Employer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ~ 2~~i ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919} 733-5205 Filename: 0061048Avon(Dare)Variance EEP