HomeMy WebLinkAbout20061048 Ver 1_Fax_20060814OF W A TF~j Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources
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~ .~ Coleen H. Sullins, Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
Fax To: / ~ ~ e ~ ~~' Fax #: 7 3 3 - ~~~~
Company: ~ ~,J ~ Date:
Number of pages including cover sheet:
Notes or special instructions:
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.entstate.nc.us/ncwetlands
NorthCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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- ~ ENVIRONMENTAL MANAGEMENT COMMISSION
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`~°~^"°°~ NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Delilah Blanks
Donnie Brewer
John S. Curry
Marion Deerhake
Tom Ellis
John R. Gessaman
E. Leo Green, Jr.
Freddie Harrill
August 14, 2006
.,.
Avon/Kinnakeet Mine, LLC
attn: Mr. Ray Hollowell
P.O. Box 1411
Manteo, NC, 27954
Subject Property: Avon/Kinnakeet Sand Mine Expansion, Avon, NC
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
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 jurisdictional 404
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-Specific
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
Avon/Kinnakeet Sand Mine
August 14, 2006
Page 2 of 4
Conditions of Approval:
1. Impacts Approved
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;
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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. Curry
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 jurisdictional 404
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-Specific
Variance approval as decided by the EMC on August 9, 2006 and described within 15A NCAC 26 .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
Avon/Kinnakeet Sand Mine
August 14, 2006
Page 3 of 4
Mitigation:
6. Compensatory Mitigation (Final Plan Needed)
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 specified 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 150B 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 Officer
Alan Klimek, P.E., Director, Division of Water Quality
Torn Reeder, Wetlands and Stormwater Branch
Cyndi Karoly, 401 Oversight and Express Permits Unit
File Copy
Central Fi{es
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
20061048Avon (Dare)Variance
Avon/Kinnakeet Sand Mine
August 14, 2006
Page 3 of 4
Mitigation:
6. Compensatory Mitigation (Final Plan Needed)
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 specified 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.
Cl ~/+•C 4
rya ~~-_~ 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. Curry
Marion Deerhake
Tom Ellis
John R. Gessaman
E. Leo Green, Jr.
Freddie Harrill
David F-I. Moreau
Chairman
Charles Peterson
Vice Chairman
Kevin Martin
Dickson Phillips Ill
Frank Shaw
Stephen Smith
Kenny Waldroup
Steven D. Weber
Forrest R. Westall. Sr.
Environmental Management Commission
North Carolina Division of Water Quality
Summary of Permitted Impacts and Mitigation Requirements
-.
In accordance with 15A NCAC 2B.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 Progra-rn 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 wetland by
EEP
In correspondence dated June 6, 2005, the EEP indicated that up to 7.0 acres of mitigation w~l 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 ~i~ ~~ 2~6
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 733-5205
Filename: 0061048Avon(Dare)Variance EEP
3
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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. Curry
Marion Deerhake
Tom Ellis
John R. Gessaman
E. Leo Green, Jr.
Freddie Harrill
David H. Moreau
Chairman
Charles Peterson
Vice Chairman
Kevin Martin
Dickson Phillips III
Frank Shaw
Stephen Smith
Kenny Waldroup
Steven D. Weber
Forrest R. Westal{. Sr.
Environmental Management Commission
North Carolina Division of Water Quality
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B.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 enpacts
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 Progratm 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 wetland by
EEP
In correspondence dated June 6, 2005, the EEP indicated that up to 7.0 acres of mitigation wdl! be
conducted by EEP if necessary for the Approval.
An Equal Opportunity Affirmative Action Employer