HomeMy WebLinkAbout20151031 Ver 2_FW Conditions of IP_20160921Strickland, Bev
From:
Kim Williams <kwilliams@lmgroup.net>
Sent:
Wednesday, September 21, 2016 4:53 PM
To:
Steenhuis, Joanne
Subject:
FW: Conditions of IP
Just to keep you in the loop
From: Jeff Soble [mailto:jsoble@geyermorris.com]
Sent: Wednesday, September 21, 2016 4:41 PM
To: 'Shaver, Brad E SAW' <Brad.E.Shaver@usace.army.mil>; Kim Williams <kwiIlia ms@lmgroup.net>
Cc: 'Johnson, Thomas H. Jr.' <TJohnson@nexsenpruet.com>; tyler@geyermorris.com
Subject: RE: Conditions of IP
Brad,
I have 3 questions......
1. AUTHORIZED PLANS: All work authorized by this permit must be performed in compliance with the
attached preliminary concept plans dated 9/13/2016, which are a part of this permit and were used for the Corps
decision document. Any modification to the design intent of these plans must be approved by the US Army Corps
of Engineers (USACE) prior to implementation.
As you know, it's been this item that I've had the most concern with. The language, as proposed, is a little vague
and could put all of us in a situation where we each interpret it in a different manner. It was my understanding that
the permit was being tied to the Final Plans, and that the reference to the Preliminary Plans was solely to have some
graphic version in the permit at issuance of what will ultimately be designed. The concern that I have is, what's
considered a modification? What we've shown is purely conceptual and has no real application to our specific
project yet. The size, location and amount of lines in the underground drain system; the size and shape of the
swale, and the make-up of the drain field/pervious pavement... are all yet to be designed, so in a sense, everything
will be "modified". Can the language be revised as I have suggested above? As we've discussed, it's in our best
interest to keep you informed throughout the process, and as is required, we will of course submit the final plans to
you, so I don't have any concerns that we would end up designing anything that you wouldn't accept. I think
making this change would make it clearer that we are ultimately tied to the Final Plans and not the Preliminary set.
10. CZMA. The Permittee shall fully abide by all conditions of the CAMA Major Development Permit No. CD16-
022 on June 3, 2016, issued by the North Carolina Division of Coastal Management, which are incorporated herein
by reference.
Kim noted that what we received is actually a CAM), Consistency Determination, not a Major Development
Permit. I don't know if that makes a material difference but we believe we should bring it to your attention.
15. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project
condition.
It's been a long time since I've pulled an individual permit and I don't remember this condition. Is it in the USACE
Regulations? Under what circumstances could this ever be implemented? The obvious concern being that our
project is always in jeopardy of being pulled out from under us at any moment.
Please let us know your thoughts. Everything else seems to be in order.
Thank you
Jeff
-----Original Message -----
From: Shaver, Brad E SAW[mailto:Brad.E.Shaver&usace.army.mil]
Sent: Wednesday, September 21, 2016 3:01 PM
To: Kim Williams <kwil1iams&lmgroup.net>; Jeff Soble <jsoble geeyermorris.com>
Subject: Conditions of IP
Since you will be asked to review the all the conditions of the permit, I though you may like to get started.
Here are the conditions written into my EA.
Brad
Special Conditions:
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water Quality 401 Water
Quality Certification #XXXX and the North Carolina Division of Coastal Management Consistency Certification
(CD16-022) are incorporated as part of the Department of the Army permit.
WORK LIMITS
1. AUTHORIZED PLANS: All work authorized by this permit must be performed in compliance with the
attached preliminary concept plans dated 9/13/2016, which are a part of this permit and were used for the Corps
decision document. Any modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
2. STORM WATER OUTLET TO EXISTING WETLANDS: The applicant has agreed to construct a storm water
outlet in the north-west corner of the property that serves as an outlet for a portion of the storm water treatment
system and further hydrates the headwater wetland complex. The outlet is approved by the Corps provided State
and Local authorities approve the design. If this storm water outlet cannot be permitted or constructed, the permit
must be modified. The final plans approved by the State and Local authorities will be forwarded to the Corps
before construction can begin.
3. DEVIATION FROM PERMITTED PLANS: Attached to this authorization are preliminary concept plans. The
permittee shall ensure that the construction design plans do not deviate from the final permit plans. Written or
email verification shall be provided to the Onslow County Project Manager that the final construction drawings
comply with the final permit drawings prior to any active construction in waters of the United States. Any deviation
in the construction design plans will be brought to the attention of the Corps of Engineers, Mr. Brad Shaver,
Wilmington Regulatory Field Office prior to any active construction in waters or wetlands.
4.UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved
modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not authorize
temporary placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
5. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
6. DEMARCATION OF AUTHORIZED LIMITS: In order to avoid any fill discharges (including mechanized
land clearing) outside the authorized footprint, the applicant must install barrier fencing around the perimeter of the
authorized fill area thereby clearly identifying the jurisdictional areas to be remain undisturbed.
RELATED LAWS
7. SEDIMENTATION/EROSION CONTROL PLAN: Prior to construction, a Sedimentation/Erosion Control
Plan must be approved by the Division of Land Resources, Land Quality Section, North Carolina Department of
Environmental Quality.
8. STORM WATER PERMIT: There are no impacts to waters of the US, including wetlands, authorized by this
permit for the Storm Water Pond.
9. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to
prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In
the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to
the N.C. Division of Water Quality at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
10. CZMA. The Permittee shall fully abide by all conditions of the CAMA Major Development Permit No. CD16-
022 on June 3, 2016, issued by the North Carolina Division of Coastal Management, which are incorporated herein
by reference.
PROJECT MAINTENANCE
11. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall
advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the
work authorized by this permit.
12. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils
used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the
Clean Water Act. The borrow source must come from either an upland area or approved mine location.
13. PERMIT DISTRIBUTION: The permittee 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 this
permit. A copy of this permit, including all conditions, shall be available at the project site during construction and
maintenance of this project.
14. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall
include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
3
15. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project
condition.
16. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion
control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project
completion.
ENFORCEMENT
17. REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division,
Wilmington Regulatory Field Office, c/o Mr. Brad Shaver, Field office address, and by telephone at: 910-251-
4611. The Permittee shall reference the following permit number, SAW -2014-01338, on all submittals.
18. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these conditions or violation of
Section 404 of the Clean Water Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permitee's discovery of the violation.
19. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly
inspect the work for compliance with these conditions. Deviations from final permit plans and conditions may
result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the
satisfaction of the Corps.
COMPENSATORY MITIGATION
20. MITIGATION TRANSFER FORM: In order to compensate for impacts associated with this permit,
mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit authorization.
Brad E Shaver
Project Manager
US Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
(910) 251-4611
Fax# (910) 251-4025
Website: http://corpsmapu.usace.army.mA/cm apex/Pp The Wilmington District is committed to providing the
highest level of support to the public. To help us ensure we continue to do so, please complete the Customer
Satisfaction Survey located at http://regWatory.usacesurvey.com/.
Ct sfa This email has been checked for viruses by Avast antivirus software.
r www.avast.com