HomeMy WebLinkAbout20170073 Ver 1_USACE Permit_20170630DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT; CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH'CAROLINA 28403-1343
srnaes of
June 30, 2017
Regulatory Division
Action ID. SAW -SAW -2013-02417 (Camp Davis Industrial Park, Inc.)
Camp Davis Industrial Park, Inc.
Attn: Mr. Thomas C. Rollins
Post Office Box 38
Holly Ridge, North Carolina 28445
Dear Mr. Rollins:
In accordance with your written request of January 18, 2017, and the ensuing administrative
record, enclosed is a copy of a Department of Army (DA) permit to permanently fill 0.41 acre of
wetlands and 3.53 acres of relatively permanent waters (RPW), which are considered
jurisdictional ditches, to build a commercial office/industrial development. The proposed
commercial office/industrial development consists of two phases and will involve the installation
of roads, pat -king lots, utilities, stormwater retention ponds and buildings, which will support the
industrial complex, at 1 Bacon Drive, Holly Ridge, Onslow County, North Carolina.
Coordinates are: 34.49344 N, -77.56422 W.
Any deviation in the authorized work will likely requite modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and specific conditions are important, Your failure
to comply with these conditions could result in aviolation of Federal law. Certain significant
general conditions require that:.
a. You must complete construction before December 31, 2022.
b. You must notify this office in advance as to when you intend to commence and complete
work.
-2-
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. Brennan Dooley,
Project Manager, at the Wilmington Regulatory Field Office, telephone 910-251-4694.
Thanl-, you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at http,//pert.nwp.usace.army.miI/survey.html and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,
Eric G. Reusch
Chief, Wilmington Field {office
Enclosures
Copies Furnished (with Special Conditions & Plans):
U.S. Environmental Protection Agency
Attn. Mr. Todd A. Bowers
Wetlands and Marine Regulatory Section
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8931
North Carolina Department of
Environmental Quality
Division of Water Resources
Attn. Mr. Robb Mairs
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
North Carolina Department of
Environmental Quality
Division of Water Resources
Attn: Ms. Karen Higgins
1650 MSC
Raleigh, North Carolina 27699-1650
DEPARTMENT OF THE ARMY PERMIT
Permittee: Camp Davis Industrial Park, Inc.
Attn: Mr. Thomas C. Rollins
Permit No.: SAW -2013-02417
Issuing Office: CESA-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the pertnittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction
over the permitted activity or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project is to permanently fill 0.41 acre of wetlands and 3.53 acres of relatively permanent
waters (RPW), which are considered jurisdictional ditches, to build a commercial office/industrial development. The
project consists of two phases and will involve the installation of roads, parking lots, utilities, stornwater retention
ponds and buildings, which will support the industrial complex.
Project Location: The project area is located within the White Oak River Basin at 1 Bacon Drive, within the
incorporated limits of Holly Ridge, Onslow County, North Carolina, on the west side of Hwy 17, approximately 0.2
miles south of its intersection with Hwy 50. The waters in the project area drain to Cypress Creek, which drains to
Batts Mill Creek, a Traditionally Navigable Waterway (TNW).
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2022 If you find that you
need more time to complete the authorized activity, submit your request for a time extension to this office for
consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition
4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate
the Federal and state coordination required to determine if the remains warrant a recovery effort or if the
site is eligible for listing., in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of
the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by
law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit..
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original.public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CER 325.7 or enforcement procedures such as those contained in 33 CFR 3326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE)
/T — -Z
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Arany, has signed below.
DIShn T COMIMNDER) (D-4TE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terans and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMFNT PRINTING OFFICE: 1986 - 717-425
Special Conditions
�� ! ' r r• if ri " 1
1. UNAUTHORIZED DREDGE OR KULL: Except as authorized by this permit;
or any USAGE 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. Specifically, the permittee
must avoid impacts to the remaining 2.439 acres.
2. CONSTRUCTION PLANS: All worm authorized by this permit must be
performed in strict compliance with the attached plans.with revisions by SEGi
dated, 2/15/17 which are a part of this permit. Any modification to these plans must
be approved by the US Army Corps of Engineers (CTSACE) prior to
implementation.
3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that
the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Written versification shall be provided that the final
construction drawings comply with the attached permit drawings prior to any active
construction in waters of the United States, including wetlands. Any deviation in
the construction design plans, specifically the elimination of the ,Stormwater Flow
Control Structures, will be brought to the attention of the Corps of Engineers,
Drennan Dooley, Regulatory Specialist, Wilmington Regulatory Field Office, prior
to any active construction in waters or wetlands.
4. PERNHT 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.
5. PRECONSTRUCTION MEETING: The permittce shall schedule an onsite
preconstruction meeting between its representatives, the contractor's
representatives, and the appropriate Corps of Engineers Project Manager prior to
undertaldng any work within jurisdictional waters and wetlands to ensure that
there is a mutual understanding of all terms and conditions contained within the
Department of the Army permit. The permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (30) days in advance of the scheduled meeting
in order to provide that individual with ample opportunity to schedule and.
participate in the required meeting.
6. 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.
7. PROJECT COMPLETION: upon completion of each construction phase, the
permittee shall submit to the Corps as -built plans for those portions that affect
waters of the U.S., within 45 drays following the completion of construction. The as -
built plans shall include, but not necessarily be limited to, grading, structures, and
activities in or affecting wetlands and waters of the U.S.
8. 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 Resources at (919) 733-3300 or (800) 858-
0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
9. PROMBITIONS ON CONCRETE: The permittee shall take measures to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms.
10. 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.
11. 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.
12. 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).
13. 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.
14. 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.
15. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of
these permit special 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 permittee's discovery of the violation.
16. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in a directive to cease work until the
problem is resolved to the satisfaction of the Corps.
17. MITIGATION: 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.
The permittee, prior to initiating any land -disturbing activities; shall provide 0.40
credits of mitigation via payment into the Hoffman Forest Wetland Mitigation Bank
for project related impacts to 0.41 acres of non -riparian wetlands. Prior to initiating
any land -disturbing activities, a copy of the updated acceptance letter and proof of
payment provided by the Hoffman Forest `Wetland Mitigation Bank shall be sent to
the Corps of Engineers.
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Conipensatory Mitigation ResponsibilitV Transfer Form
Permittee: Camp Davis Industrial Park, Inc., Thomas C. Rollins Action ID: SAW -2013-02417
Project Name: Camp Davis, Industrial Park County: Onslow
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this, form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. if more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/orthe mitigation will occur in more than ane
8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the 'identified mitigation, regardless of
whether or not they have, received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030001, White Oak River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Coo= Cold Riparian Riverine
Rlparian Non-Riverine I Non -Riparian
I Coastal
Riparian Non-Riverine
0.41
Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Cmmnensatory MitiEation Reouirements: 8 -digit HUC and Basin: Choose the 8 -digit HUC
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Coid Riparian River ine
Riparian Non-Riverine
Non -Riparian
Coastal
0.40
Mitigation Site Debited: Hoffman Forest
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. if the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS); as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
!Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitjg janResponsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in, receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions_
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in'the USAGE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NORT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/IRF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsorshould provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 {email: todd.tugwe11@usace.army.m1& Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below,
USACE Project Manager: Brennan Dooley
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: brennan.j.dooley@usace.army.mil
USACE Project Manager
May 26 2017
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
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 our website at http;//regulatory.usacesurvey.com/ to complete the survey online.
Camp Davis Industrial Park
DWR# 17-0073
Individual Certification #4118
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4118 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H.0500, to Mr. Thomas C. Rollins and Camp Davis Industrial Park, who have authorization for
the impacts listed below, as described within your application received by the N.C, Division of
Water Resources (Division) on January 19, 2017 and subsequent information on April 18, 2017 and
May 26, 2017, and by Public Notice issued by the U. S. Army Corps of Engineers and received by
the Division on February 17, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.41 (acres)
0 (acres)
Open Water
3.53 (acres)
0 (acres)
2. Stormwater Management Plan
You are required to obtain a Stormwater management plan (SMP) approval letter from the
Division of Energy, Mining and Land Resources (DEMLR) before any impacts authorized in this
certification occur. After it is approved, the SMP may not be modified without prior written
authorization from DEMLR. [15A NCAC 0211-1 .0506(b)(5) & (c)(5)]
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 for this project. 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
certification. [15A NCAC 02H .0501 and .0502]
Camp Davis industrial Park
DWR# 17-0073
Individual Certification #4118
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4. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1;
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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. The sedimeht and erosion control designs must comply with the requirements set
forth in 15A NCAC 046 .0124 Design Standards in Sensitive Watersheds.
5. 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 bel. removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. f 15A NCAC 02H .0501
and .05021
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
Camp Davis Industrial Park
bW R# 17-0073
Individual Certification #4118
Page 5 of 7
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, orthe NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
8. If concrete is used during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .02001
9. Placement of Culverts and Other. Structures in Waters and Wetlands [15A NCAC 02H
-.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1.) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated floodways
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system, as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
Camp Davis Industrial Park
DWR# 17-0073
Individual Certification #4118
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10. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]
12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
13. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
14. Continuing Compliance
Mr. Thomas C. Rollins and Camp Davis Industrial Park 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 and Federal law. [15A NCAC 026 .0200] 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 Certification.
Before modifying the Certification, the Division shall. notify Mr, Thomas C. Rollins and Camp
Davis Industrial Park and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A
NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Thomas C. Rollins and
Camp Davis Industrial Park in writing, shall be provided to the U.S. 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.
Camp Davis Industrial Park
DWR# 17-0073
Individual Certification 94118
Page 7 of 7
15. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable 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 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 02H .0501 and
.05021
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portai.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f))
17. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 30th day of May 2017
140JYA
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4118