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HomeMy WebLinkAbout20052004 Ver 1_Complete File_20051101o`'?? W A r?RQc ? ? ? ?'3 Michael r r- F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 28, 2005 DWQ Project # 20052004 Craven County Philippe LaFargue Tryon Palace Historic Sites & Gardens State of North Carolina P.O. Box 1007 New Bern, NC, 28563 Subject Property: Tryon Palace Historic Site & Gardens Trent River, 27-101-(31), Class SB Sw NSW Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Mr. LaFargue: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.15 acres of waters to construct the Phase II activities associated with the referenced project as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on November 1, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number. 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and LAMA. Also, 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. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Oversight/Express 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: Ir_h?g cnr_aatc_nc_u -nc_etlan is No Carolina N17111ra!!U An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper Tryon Palace Historic Site and Gardens Page 2 of 2 December 28, 2005 Amount Approved Units Plan Location or Reference 404/CAMA Wetlands 0.15 acres DCM Field Investigation Report 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. 4. The width of the pier shall not exceed twelve (12) feet, and the width of the walkway shall not exceed eight (8) feet. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Kq1 Ala W. Klimek, P.E. AWK/cbk Enclosures: GC 3400 Certification of Completion cc: John Kuske, 902 Market Street, Wilmington, NC, 28401 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 20052004Tryon(Craven)401 reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Tue, 20 Dee 2005 13:00:38 -0500 To: Ian McMillan <ian.mcmillan@nemail.net> Here are a few. 401 05-2004 Tryon Palace Historical Sites Craven 11/1/2005 cmj Hold 05-1063 Mobley's Farm Pitt issue with condtions that 50ft buffer be resestablished around top of bank of new pond. 05-1904 Colington Cut, LLC. Dare 11/4/2005 01/02/05 cmj issue normal conditions 05-2133 Alfred Thompson Camden 11/28/2005 12/20/05 issue normal conditions Variance 05-1970 John Elrick Pamlico 10/27/05 12/01/05 05-1971 Daniel Forman Pamlico 10/27/05 12/06/05 05-1893 Don Fowler Pamlico 10/12/05 12/09/05 05-1911 Sylvan Friedman Lot 6 Pamlico 10/14/05 12/09/05 05-1912 Sylvan Friedman Lot 11 Pamlico 10/14/05 12/09/05 05-1913 Sylvan Friedman Lot 12 Pamlico 10/14/05 12/09/05 05-1915 Sylvan Friedman Lot 14 Pamlico 10/14/05 12/09/05 NBR/GMV Issued normal conditions NBR/GMV Issued normal conditions nbr/min Issued normal conditions nbr/min Issued normal conditions nbr/min Issued normal conditions nbr/min Issued normal conditions nbr/min Issued normal conditions C!? 7za ti I of 1 12/20/2005 2:20 PM A MCDNR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 28, 2005 MEMORANDUM: NO V 1 - 2005 TO: Ms. Cyndi Karoly M - Environmental Biological Supervisor t? rrr =1Y tr'ttr?uAr,iTY Division of Water Quality il, /, e FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tryon Palace Historic Sites & Gardens Project Location: Craven County: Adj. to the Trent River at 529 South Front Street, New Bern, NC. Proposed Project: The applicant proposes to construct a wetlands area, a bulkhead; an elevated boardwalk, and a pier for use by the visitors to the Tryon Palace Historic Sites & Gardens. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 18, 2005. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, ?Aorehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: w';rw.nccoastalmanagement.net -1 ra.? DCl1?% DWQ Development Type [EE ' (24300 1602 435100095 2341 (14300 1601 435100093 1625 6253) S - T ^r? I. Private, non-commercial 1 i development th.a does not invcly° $250 100% ($250) 0% (SO) ) 1 the filling or excavation of any wetlands pon water areas: °l. H. Public or commercial development that does not involve the filling or $400 100%($400) O.o (SO) excavation of any wetlands or open water areas: . --- ., _ _ _ 6 _ _ - ' ?aw' - te,--.-r-•- ` ? r _ III. For development that involves the . ? - filling and/or excavation of up to 1 P acre of wellands and/or open water areas, determine if A, B. C, or D ; below applies: III(A). For Private, non-commercial s development, If General water Quality 5250 100%($250) 0°r°(50) tf Certification No.3301 (see attached) can be applied: c, III(B): For public or commercial development, if General water Quality $400 100%($400) 0°0 (SO) Certification No.3301 (see attached) _ can be applied: -N 4 III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 5400 60%($240) 40% (5160) written DWQ concurrence is needed rr because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60%(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 60°6 (5285) 40°/ (5190) than one acre of wetlands and/or open water areas: DIVISION OF COA SJ'Al.AI IANAG.`?.AIEN ' FIFLD INVESTIGATION REI'OI,,'i' APPLICANTS NAME: Tryon Palace Listoric Sites ,? Garclcns 2. LOCATION OF PROJECT SITE: Adjacent to the Trent River at 529 South Front Street in the City of New Bern, Craven County Photo Index - 2000: 72-841 (N-Q, 7-10) 1995: 72-804 (N-Q, 13-16) State Plane Coordinates - X: 2,585,000 Y: 498,800 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Multiple (Most recent October 25, 2005) Was Applicant Present - Yes-Previous, No-October 25, 2005 5. PROCESSING PROCEDURE: Application Received Complete: October 12, 2005 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - City of New Bern Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: State Government (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - Bulkhead Planned - Pier, boardwalk, bulkhead, rip rap, stormwater wetlands (G) Estimated Annual Rate of Erosion: < 1'/year Source - Site visit 7. HABITAT DESCRIPTION: [AREA] DRFDGF.D FILLED SHADED (A) Vegetated Wetlands 200 sf. (B) Open Water 2158 sf. (C) Shallow Water Bottom 4320 sf. (3150 previously high ground) (D) High Ground 137682 sf. (E) Total Area Disturbed: 144,360 sq. ft. (F) Primary Nursery Area: No (G) Water Classification: SB; SW, NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a wetlands area, a bulkhead, an elevated boardwalk, and a pier for use by the visitors to the Tryon Palace Historic Sites and Gardens. MELT) INVESTIGA'T'ION REPORT: TRYON PALACE HIS'T'ORIC ST"JT S AND GAI:DENS PAGE 112 9. NARRATIVE, DESCRIPTION: Phase I of this project was approved under LAMA IMajor Permit 118-02. Project. Setting The proposed project is located on two tracts of land in the City of New Bern, Craven County. The properties have been purchased by the State of North Carolina to become the Tryon Palace Historic Sites and Gardens History, Education, and Visitor Center. The main project area was formerly the Barbour Boat Works site and is a 6.472 acre parcel located at the southeast corner of the intersection of Metcalf Street and South Front Street and is bordered to the south by the Trent River. The main project site rises approximately 4' in elevation above the normal water level. The site is predominantly void of vegetation and the surface of the site is composed of dirt and gravel left from its former use as an industrial site. The applicant applied for and received CAMA Major Permit ##8-02 to conduct Phase I of a multi-phase project towards the goal of establishing the History, Education, and Visitor Center at the main project site. Under Phase I of the project, the industrial site was remediated of pollutants and multiple underwater structures were removed. A bulkhead remains along the western and southern boundary of the property at its juncture with the Trent River. An area of open water basin approximately 45 feet wide by 70 feet in length, extends inland into the high ground where a boat ramp formerly existed. The property is bordered on the east by the Atlantic and North Carolina Railroad property. The secondary project area is an 0.551 acre offsite parcel located approximately 500 feet to the west of the main parcel. The offsite parcel is more specifically located at the southwest corner of Tryon Palace Drive and South Front Street and is also bordered by the Trent River. The secondary or offsite project area is undeveloped. The offsite parcel is similar in elevation to the main parcel with elevations in the Y- 5' range above the normal water level. The site is predominantly covered in sod grass with a few cedar, cypress, and pecan trees found near the shoreline. Also adjacent to the shoreline is an area approximately 5 feet wide by 40 feet in length that is dominated by Carex sue. The shoreline to the west of the property is currently not stabilized, however, the shoreline to the east is bulkheaded. The main and secondary project areas have a combined shoreline length of 910'. The project is located within the City of New Bern's Historic District and is classified as "Developed" and "Conservation" within the Estuarine Shoreline, Estuarine Water, and Public Trust Area AECs. The Trent River is classified as SB Swamp Nutrient Sensitive Water in the project area and is closed to the harvesting of shellfish. The Trent River is not considered a Primary Nursery Area and no submerged aquatic vegetation was observed in the project's vicinity. Water depths in the area of the project drop off steadily to approximately -10' below the normal water level. The river is approximately 1800' wide in the project vicinity. Project Proposal The applicant proposes to conduct Phase II activities of the project. Phase II will consist of the construction of a primary and secondary stormwater wetlands area, a bulkhead, an elevated boardwalk, a pier, a temporary construction entrance, and a culvert. The applicant proposes to construct a stormwater wetland area on the main project area to capture and treat the stormwater from 2.5 acres of the 6.472 acre site as well as a portion of the runoff from the 30" Metcalf Street FIELD INVESTIGATION REPOR'C: TRYON PALACE HISTORIC SITES AND GARDEN'S PAGE, 413 stormdrain outfall. ']'his will include the construction of two culverts, two sediment forebays, two low flow connective channels, stormwater open water area, stormwater wetland vegetated area, two outlet micropools and a retaining wall to contain the wetland flows. Approximately 108,755 square feet of the high ground portion of this site will be graded from the current average clcvation of 4' above NWL to an average of V above NWL with the area adjacent to the wetland bulkhead to he graded as low as -1' below NWL. This grading will allow for proper directional flow and retention of incoming stormwater. Wax myrtle, swamp cyrilla, bald cypress, soft rush, pickerel weed, yellow flag iris, and big cord grass will be planted within the stormwater wetlands area to increase the nutrient and total suspended solids reduction of the wetlands. A 502 feet section of the existing bulkhead along the Trent River will be replaced with a new bulkhead. The bulkhead will be placed immediately landward of the existing bulkhead with the exception of a 165' section. The 165' bulkhead section is proposed to be typically less than 5' waterward of the NWL, however, it is proposed waterward of the 45' x 70' boat ramp basin such that the basin would be filled in and reclaimed as high ground. A retaining wall 764 feet in total length is proposed within and around the stormwater wetland area to contain the wetland and associated water and to separate the Trent River from the stormwater wetlands. A 5' x 54' section of riprap is proposed immediately waterward of the outlet micro-pool for energy dissipation. A 10' wide by 168' long elevated walkway over the stormwater wetlands area is proposed to lead to a 27' x 27' gazebo, which would extend out 11' over the Trent River and 7.35' over the NCDOT Right of Way. A second elevated walkway 10' wide by 75' long would lead from the first gazebo to a second gazebo 27' x 27' over the stormwater wetlands. The elevated walkway would continue from the second gazebo for another 90' back to high ground to allow for a continues flow of foot traffic though the wetland area. A 17' wide by 45' long pier over the Trent River is proposed to lead to a 26' x 33' gazebo, from which a 17' wide x 14' long section of pier would continue out into the river such that the end of the pier would terminate at 92' out from the shoreline. No boatslips are proposed along either the pier or the gazebo adjacent to the boardwalk. The applicant also proposes to install 558' of 24" diameter outfall pipe from the 30" Metcalf Street stormdrain outfall to the secondary project area to channel stormwater flows to the offsite wetland area. At the secondary project area the applicant proposes to construct a sediment forebay, a stormwater wetland vegetated area, a low flow channel, and an outlet micro-pool. Appoximately 23,347 square feet of high ground and 200 square feet of vegetated wetlands will be graded from the current average elevation of 4' above NWL to approximately even with the NWL. Big cord grass will be planted within the stormwater wetlands area to increase the nutrient and total suspended solids reduction of the wetlands. A 125' bulkhead is proposed at die normal water level to contain the stormwater wetland with a 5' x 54' section of riprap waterward of the outlet micro-pool area. Anticipated Impacts As proposed the bulkhead will require 420 cubic yards of backfill to fill 3,780 square feet of shallow water bottom. Sand from an upland source is proposed for backfill. The proposed riprap will fill 540 square feet of shallow water bottom and will require 78 cubic yards of riprap. Approximately 200 square feet of existing vegetated wetlands will be regraded and incorporated into the offsite stormwater wetlands area. As proposed the project would impact 137,682 sq. ft. of high ground, of which 4,077 sq. ft. would be new impervious surface. This equates to less than 517o FIEU) INVESTIGATION ILEPOXF.- TRYON PALACE DISTORT(" SITES AND GARDENS PAC.F, It4 impervious area in the AF' Cs, less than No total impervious for the site, and will be a net decrease in the impervious surfaces oir the site as compared to that which existed prior to the project initiation. Construction of the stormwater wctlau_ds will require the disturbance of 137,882 square feel. of ground and will require adequate sediment and erosion control measures to ensure protection of the adjacent waterbody. The pier and gazebos would usurp 2,158 sq. ft. of Estuarine Waters and Public Trust Areas of the Trent Diver and would shade 2,158 sq. ft. of shallow water habitat as proposed. 'The boardwalk gazebo would extend out 11' beyond the NWL, while the pier would extend out from the NWL 92 feet, which is well within the length range of other piers along the Trent River. Localized turbidity impacts are expected during the in-water construction portions of the project. Submitted by: Stephen Lane -iVlorehead City District - October 28, 2005 J. Phillip Norris, P.E. ?; - NORRIS, KL`ISKI ,TUNS` ALL_ JohnA..Tun,III,P.E. -`" ? JohnS. Tstall, P.E. C: O N S U L T I N G ENGINEERS, INC. J.A. Kuske, RE. of Counsel October 7, 2005 Mr. Stephen Labe, Coastal Management Field Representative NC DENR / CALLA - Hestron Plaza I l 151-B Hwy 24 Morehead City, NC 28557 _ 4, 2005 Re: CAMA Major Permit Submittal - Phase II Tryon Palace Historic Sites & Gardens, Applicant ,F tr,?? %? D U`' X91?? Shoreline Stabilization Stormwater Wetlands Project 529 South Front Street New Bern, NC State Construction ID No. 4898140059E Budget Code No. 49814 Item No. 59 A&K Project No. 99134W Dear Mr. Lane: Enclosed for your review, distribution and approval are the following: • Copy of the existing CAMA Permit for Phase I work • The original CAMA Major Permit application form DCM MP-1 for Phase II • Excavation and Fill form DCM-MP-2 for Phase II • Upland Development form DCM-MP-3 for Phase II • Structures form DCM-MP4 for Phase II • Bridges and Culverts form DCM-MP-5 for Phase II • Twenty Five (25) sets of plans • A copy of the CAMA Major Permit Narrative for Phase II • A copy of the original submitted $475.00 check payable to NC DENR • A copy of the deed for the Barbour Boat Works site • A copy of the deed for the additional site west of the Barbour Boat Works site and the Tryon Palace • Authorized agent letter from the applicant • Copies of the letters to adjacent landowners with certified mail receipts to be forwarded upon our receipt Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. ?U"3'4) IT Joh A. Kuske, III, P.E. JAKIII/asn 99134W 10-07-05-cama-Itr cc: Keith Giamportone, AIA / Brown Jurkowski Architectural Collaborative 9(17 Marleat Ctraot • Wilminvtnn mr ?"n i -A7Z1 • DI.......- o i n '2d'2 04 Cl • C...,• 0 1 A 1d7 OLAd -}d.`C4P .`CK-i?.°-0-o-4}Sfi4YT4<i-44CCC4LCaT}:':-..?:'F#.LO'»t9i}:-:ia +P6Cd OO4+tr4S'iii-0440Gti::::::iJt?M?O<!{-`CGiti+G'.::0:::{:f:v:-:{i-?40Jh40'rCO'.-:'.:::.!J{O{y4Lo-i::::::?.:i!?if440:54:':{4hW: Permit Class Pc.intit Number NEW b-02 , STATE OF NORTH CA ROLINA Department Of Environment and Natural RCSOUrCCS RECEIVED and Coastal Resources Commission JAN 2 b 2002 1r ? WREW AND KUSKE for X Major Development in an Area of Environmental C6ntern pursuant to NCGS 113A-118 GCT ' 2 2005 X Excavation and/or filling pursuant to NCGS 1132 f0 ?,=1y ?. (-.I P Issued to Tryon Palace Historic Sites & Gardens, PO Box 1007, New Bern, NC 28563 Authorizing development in Craven County at Trent River, at 529 South Front St., New Bern , as requested in the permittee's application dated 1/7/00 (NIPI) & 5/23/01 (MP2) including attached the workplan drawings (4), Sheet C1 dated received 5/25/01, C2 dated revised 5/23/01 & C3 & C4 dated 5/23/01. This permit, issued on January 22, 2002 , 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 he subiect to fines. imprisonment or civil action; or may cause the permit to be null and void. Removal of Existing Submerged Structures 1) The permittee shall have a qualified inspector onsite at all times during the process of removing existing submerged structures to monitor compliance with environmental and water quality concerns. The permittee will also provide written daily reports to the Corps of Engineers and the Division of Coastal Management and immediately report any problems and coordinate necessary remedial actions. 2) Prior to any underwater work on the site, the permittee shall install and maintain a microspore silt curtain and absorbent floating boom around each submerged structure during the removal process. The silt curtain will be properly secured and made of material in which manatees cannot become entangled. The silt curtain shall be regularly monitored and must not block manatee entry to or exit from essential habitat. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2005 Signed by the authority of the Secretary or L)tmK ana the Chairman of the Coastal Resources Commission. `? ? Donna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal .Management Program. Signature of Permittee Tryon Palace Historic Sites & Gardens Permit 118-02. Page 2 of 4 ADDITIONAL CONDITIONS 3) The area within the silt curtains must be inspected daily for floating material or pollutants (such as oils and greases) and cleaned from the construction site. 4) The mechanical removal of submerged structures must be conducted in a manner which minimizes disturbance of the surrounding sediments. 5) No vegetated wetlands will be excavated or filled. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 7) No excavation or fill material will take place at any time in any vegetated wetlands, marsh or surrounding waters outside of the alignment of the area indicated on the workplan drawings. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 8) The spoil disposal and debris handling areas must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any of the permitted activities.. 9) All excavated materials and structural debris will be confined above the normal water line and landward of regularly or irregularly flooded marsh and/or wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 10) Once excavated materials have had sufficient time to dewater, it will be placed in secure containers and permanently disposed of in a landfill approved for operation by the U.S. Environmental Protection Agency and/or the State of North Carolina. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction must not visibly increase the amount of . suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 13) Spoil areas and all disturbed portions of high ground will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Water Quality 14) The N.C. Division of Water Quality (DWQ) has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 011165), which was issued on 9/21/01. Any violation of the certification approved by the DWQ will be considered a violation of this CAMA permit. +/,J044i-40?0v b4i`94}`i > i4?Pti?{-0vC4009494'r60C-07>09' xi-0MC'rvsOtr4i•L'r'r?404:? `34: i'r'r+ }FP41v G?90045444}Wr44J44:C :-tr: .:.-.-:'.-:'?'t-0::::: `44: }irr: ?^i>:. :: > i4443M{46<-:: ri4aC'.M'.Y? f'h4o 1 Tryon Pal.tce Historic Sites & Gardens Permit 08-02 Page 3 of 4 E ADDITIONAL CONDI'T'IONS 15) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of excavation or debris handling area. Increases such that the turbidity in the waterbody is 25 NI'U's or less in all water classes are not considered significant. 16) All development must comply with the Neuse River Buffer Rules as sta&,`ut5` NC . C' 2B:0 100 NCAC 2B.0200. Any questions regarding these rules should be dire'.ted tolllic 15 A D?rQ, Vasbingtap 1 1) Regional Office, (252) 946-6481. O C ( 7005 Cultural Resources 17) An archaeological survey shall be conducted by an experienced archaeologist to identify the significance of the submerged archaeological resources cited for removal and to identify the presence and significance of any unknown archaeological resources that may be damaged. Potential effects on these resources should be assessed prior to the commencement of the removal activities. 18) If the permttee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, the will immediately notify the Wilmington District Engineer and the Division of Coastal Management who will initiate the required State/Federal coordination. General 19) Only clean fill material shall be used for any backfilling or general filling activity within the high ground portion of the project area upon completion of the removal of submerged structures. 20) This permit does not authorize any irreversible or irretrievable commitment of natural resources, nor does it exempt the permittee from potential liability for any response costs or natural resource damages under the Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA) (42 U.S.C.A. 9601 et se q). 21) The permittee understands and agrees that, if future operations by the United States requires the 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 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. 22) Before any work begins, the permittee and his contractor will meet onsite with a representative of the U.S. Army Corps of Engineers and the N.C. Division of Coastal Management to discuss procedures for the mechanical removal of submerged structures. 23) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. Tryon Palace Historic Sites & Gardens Permit 118-02 Page 4 of 4 ADDITIONAL CONDIT'IONS 24) No work shall be conducted within the fight-of-way of the Noah Carolina Railroad Company (NCRR) without written authorization from NCRR. NOTE: The per ittee is encouraged to coordinate all activities with the North Carolina Railroad Company. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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 non-water dependent activities are not authorized within 50 feet of the normal water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200110994. corm DCM-MP-I (To be completed b y 01 applicants) b. City, town, community or landmark New Bern, NC 1. APPLICANT c. Street address or secondary road number 529 S. Front Street a. Landowner: Philippe Larargue, I)eputy Director -- (U'ryon Palace Drive) T yon Palace Historic Sites & Gardens d. Is proposed work within city limits or planning Name State of North Carolina jurisdiction? X Yes No Address P.O. Box 1007 e. Name of body of water nearest project (e.g. river, NC New Bern S t creek, sound, bay) Trent River ta e City Zip 28563 Day Phone 252-514-4923 DESCRIPTION AND PLANNED USE 3 ]Fax 252-514-4876 . OF PROPOSED PROJECT eAg b. Author ent: ? Kuske, III, P.E. J Name A)alaa & Kee ca-1siltuxl Ilx?inis, Inc. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 902 Market Street Address TT l-%d tic `.rill irr11 Yh YKZ7T TTllYjskd icplaci rrl ti r q st'i r?4 site txllkhaa alcnq the Trp7t City Wilmington State NC Rimer and installirr_l piles fnr a futa?u elevated d pies. Zhe row site bulkhad will be installe (See continuation on attached.page) Zip 28401 Day Phone 910-343-9653 b. Is the proposed activity maintenance of an existing project, new work, or both? New Work Fax 910-343-9604 c. Will the project be for public, private or commercial use? Public Use c. Project name (if any) Sxyon Palace Histord!(t Sites & Gardens Shoreline Stabilization d. Give a brief description of purpose, use, methods of ormwa er Wetlands roject construction and daily operations of proposed project. If more space is needed, please attach NOTE: Permf! )+0 be Ward in nano of tandoxrur(s), andlor additional pages. The existing bulkhead will be project nano. removed with a trackhoe and or crane with a with a hydraulic grapple. The new steel sheetpile bulkhead driven irv,ptace and/or 2. LOCATION OF PROPOSED installe with a vibratory an er. A loatir PROJECT turhi ty curf a i n w/ wei t s tti 1 7 h? ?l?ar? to control sediment & silt The pilincrs for the future pier will be jet in place, augured or a. County (,rayf-n driven in. See the Narrative for more detai: Dorm DCM-MP-1 4. LATiD AND WATER CIU RACTERISTICS m. Describe existing; wastewater treatment facilities. Ci y of NeNi Ber11 WW1P 6. 1 Acres - Total a. Size of entire tract 5.289 Acres - High Grounc} b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL Elevation 4.0 +/- Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.)Surface ninoff and discharge from the proposed stormwater wetlands. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Site is fill site w/ a lot of debris City of New Bern sand bluing material. atoirfaze silty saner . C. ?egetation on tract N/A f. Man-made features now gntract Concrete pads, a Daiij d belay gr'• utilities, , etc. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local taut use plan.) X Conservation -R- Developed Rural Transitional Community Other h. How is the tract zoned by local government? Industrial i. Is the proposed project consistent with the applicable zoning? x Yes No (Attach zoning con0ance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? X Yes No 1. Are there wetlands on the site? X' Yes No Coastal (marsh) Other X Rix FMP9e If yes, has a delineation been conducted? Nn (Anach docunacntation, if available) 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: © A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. © An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 71.02031 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the CAMA MAJOR PERMIT APPLICATION! C, >> ` Form UCM-MP-1`a. ' .? Tryon Palace Historic Sites & Gardens `?'•??, J 3horeiine Stabilization Stormwater Wetlands Project" ;,' -. State of North Carolina 'y > A&K Project No. 99134W Continuation of Section 3 - Description and Planned Use of Proposed Project a. near (+/- 4 feet on average) the existing site bulkhead after it is removed. The pilings will be installed in Phase II so the stormwater wetlands are not damaged when the future elevated pier is constructed. The future elevated pier is not included in the Phase II work or contract. See the enclosed plans for additional information. Dorm DCIlt MI'-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. o A Stormwater Certification, if one is necessary A list of tie names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owhhers have received a copy of the application and plats by certified mail. Such landowners must be advised .that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Aaron C. Everett, District r) r 1 eZ i-^ `'i 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. 'Ilse project will be subject to conditions and restrictions contained iii the permit. I certify that to the best of my knowledge, die proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. Engineer Name NN' nnT I certify that I am authorized to grant, and do in fact, Address 209 S G nhurni e Rd., New 11?-_rn -- NC grant permission to representatives of state and federal Phone 252-514-4716 28560 review agencies to enter on the aforementioned lands in Walter B. Hartman, Jr., City Manager connection with evaluating information related to this Name C; t-v of Nnw P,-rn permit application and follow-up monitoring of the Address O Pc)x 1129 New Bern, NC 28563 project. Phone 252-636-4118 North Carolina Railroad I further certify that the information provided in this Name Neff Mann Prc rt- n ana e, Address = , y Raleigg 3200 Atlantic Ave. h NC 27604 application is truthful to the best of my knowledge. Phone 919-954-7601 ° A list of previous state or federal permits issued for work'on the project tract. Include permit numbers, permittee, and issuing dates. $- of D C l?1 I/z?/ oz o A check for $250 made payable to the Department of Environment, Health, and Natural Resources .(DEHNR) to cover the costs of processing the application. ° A signed AEC hazard notice for projects in oceanfront and inlet areas. ° A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7t?h_ October / 2005 This is the day of ,/'G- ---John A. Kusek, III, P.E. Authorized Print Name Pr&w & nr4 e mzsultin A ent Signature - r Please indicie attachments'pertainCng to your proposed project. X DCM MP-2 Excavation and Fill Information X DCN1 h4'-3 Upland Development X DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts _--- DChi MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. 9 913 4W Iiorni DCRI-NIP-2 17-1 11LIL it, (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. N/A Access channel (t,ILW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shorcline stabilization) C"- > ; 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? Average Final Existing Project i vnnlh Width Depth Depth Form DCNI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead _X Riprap b. Length 710 FT c. Average distance waterward of MHW or NWL 9-1kke..J. ! 4 FT , RTTrar .S" FT If yes, (1) Amount of material to be placed in the water n (2) Dimensions of fill area moo' X ?5 0` (3) Purpose of fill _ 7o e,, e,,4e ?o, +Ivc r?ra?c ?v w??1F?lr. b. Will fill material be placed in (marsh), SAVs or other wetlands? X, _ Yes _ No If yes, (1) Dimensions of fill area _ (2) Purpose of fill Grading for drainage 5. GENERAL d. Maximum distance waterward of MHW or NWL -70 FT at Old Boat Ramp, 10 FT Otherwise e. Shoreline erosion during preceding 12 months 0 to 1 FT (Source ofinformation) Site TnsAections f. Type of bulkhead or rprap material Coated Steel { fo.,/ g. Amount of fill in cubic yards to be placed below water level (1) Riprap b? CY (2) Bulkhead backfill y:1 o Cy h. Type of fill material Sand i. Source of fill material Off-Site 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No a. How will excavated or fill material be kept on site and erosion controlled? Slopes not to floatin.a turbi d; tY r•„rte.;,, _ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Back hoe, bu 1 1 de7Pr, Pi lP rlri -,rPr , bucket loaders, tracked 1nadPrs, crane. c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Jdm A. Kiska, III, P.E. / Aidrm ?AgEnt Pn3rEW &" Qnsultinq Ftrrir,r- . Inc. Applicant J trojh Name. __,I / Signature Octobe 7, 2005 Date coastal wetlands SAX`/°r NKT 19913419 Form DCNI-11111-3 UPLAN-10'..? IDEVELOr (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Roofed pier on land. C ?? 1 C; C 05 (? ! h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted 10-14-04 i. Describe proposed method of sewage disposal. N/A b. Number of lots or parcels '.1 c. Density (give the number of residential units and the units per acre) N/A j. Have the facilities described in Item i. above received state or local approval? N/A (attach appropriate documentation) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 143,060 SF / 3.28 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted _1 n-1 4-04 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. .concrete-, asphalt g. Give the percentage of the tract within 75 feet of N1HW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking.. 4 1Q0 k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff to constructed wetlands from future impervious surfaces permitted separately in future. I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public in. Will water be impounded? Yes y_ No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Jdm A. K rke, ITC, P.E. / A ffia z3d. Agmt Aroma & wrnzltin mss, Tr?c. Applicant t Nand} Signature ` Octo er 7, 2005 Date AOO rnn;F Q nrthic .,, I'N' i , ,,.,,o ? ..- ,. 7 ...,....t _cc•-7 nn __ C` nn Form DCAI-1111'4 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) NK'V # 9 913 4W is e. Mooring buoys (1) - Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (1) X Commercial -Community _ Private (2) Number 2 (3) Length #1 @ 92 FT, (4) Width of water body (4) Width #1 @ 17 FT, (5) Distance 'buoy(s) to be placed beyond (5) Finger Piers Yes x No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial -Community _ Private (6) Platform(s) X Yes No (2) Number (i) Number `'-)- (3) Length (ii) Length #iP 33r"T, 4"a UF` (4) Width (iii) Width #2Q ?6Fr? 9-1oa?F1 (7) Number of slips proposed N/A g. Othe r (Give complete description) * (8) Proximity of structure to adjacent riparian property lines 41 @ 160 FT to East, 235 FT to West. (9) Width of water body 1 Mile Approximately (10) Water depth at waterward end of pier at MLW or NWL S1 b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Jchm A. Ceske, III, P.E. & Cknsul? ADD11cant r Miect Name Oc ber 7, 2005 Date 11 * (8) #2 @ 10 FT over NC DOT public right of way Aaftrizxl Agait l oin2prs. Irr. 400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy. Form D::1\1-I111'-5 , 1) ?7-)) - -C JT13 (C, U 1. 7: T . 1.77A Pk? .L c,. r Attach this form to Joint Application for CA1,iA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES N/A a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) £ Will proposed bridge replace an exist culvert(s)? Yes No if yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL NKT r99134w (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge h. Width of proposed bridge i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. Reiised 03195 Forin DCM-111111-S 2. CULVERTS a. Water body in which culvert is to be placed b. Number of culverts proposed = 2 C. Type of culvert (constriction material, style) Reinforced concrete pipe. d. Will proposed culvert replace an existing bridge? Yes X No If Yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes X No If Yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert 690 FT Width of proposed culvert 2 FT h.' Height of the top of the provwLed culvert above the MHW or NWL 2.5 FT i. Will the proposed culvert affect existing water flow? X Yes No If yes, explain Flow diverted to new wetlands j. Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain 3. EXCAVATION AND FILL. a. Will the placement of the proposed bridge or culvert require. any excavation below the MEW or NWL? Yes X No If yes, (1) Length of area to be excavated _ (2) Width of area to be excavated _ (3) Depth of area to be excavated (4) . Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: Na Coastal Wetlands N0 SAVs W Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highground excavation? X Yes -No If yes, (I) Length of area to be excavated 690 FT (2) Width of area to be excavated 3.5 FT (3) Amount of material to be excavated in cubic yards 313 CY d. If the placement of the bridge or culvert involves any excavation, please complete the fbllowing: (1) Location of the spoil disposal area (2) Dimensions of spoil di" area 1001 .x loo (3) Do you claim title to the disposal area? Yes No -If no, attach a letter granting permission from the owner. Revised 03195 Eurm DC'MANIP-5 (4) Will the disposal area be available for future maintenance? _X Yes No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes _X_ No If yes., give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes X No If yes,-give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be. placed below MHW or NWL? Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: N Coastal Wetlands NO SAVs W Other Wetlands If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on high-round? Yes X No if yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill b. Will the propoicd• project require thuli6location of any existing utility lines? . Yes X No If yes, explain in detail c. Will the proposed project require the construction of any temporary detour structures? X Yes No If yes, explain in detail _Temporary closing , nf- south Metcalf Street d. Will the proposed project require any work channels? Yes X _ No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? 3:1 Maximum slopes on stockpiles; ,ithsilt once 1ce?tc)nd toe of stockpile f. What type of construction equipment will be used (for example, dragline, backhoe or -hydraulic dredge)? _rz,?khr?n? front end loader, ?rarkh g. Will wetlands be crossed in transporting equipment to project site? Yes x_ No If yes, explain steps that will be taken to lessen environmental impacts. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes _X No If yes, explain in detail Jdm A..Kuslce, III, P.E. / Puthcr'iaod PrJa*t 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail Oc}bber 7, 2005 Date Revised 03/95 e ? `t it ? r`'? s? 12 hr,?t ,t f? i -? i rs ?. ? ., }?\\ ? .??. ?:11r ?•t t Apr 1 ( 14 ?t ( J ? i5 ti? ` tar T--'R ? ? r r.? ? • a 1t ? '? { ?r? j + \ c i? f -a f rr 1 r ?' 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Largth = 0 het TRYON SITE -036' PO' 12.D"N, 07-7-02-38.6-W Name: NEW BERN Location: 035° 06' 11.3- N 077° 02'33.6" W Date: 1/51100 Caption: TRYON SITE LOCATION PLAN Scale: 1 inch equals 1000 feet Cocyr drn(Ci 1997. Maptecr). Inc NARRATIVE CAr,,gA MAJOR PERMIT - F RASE II 4i? TRYON PALACE HISTORIC SITES & GARDENS SHORELINE STABILIZATION STORM WATER WETLANDS PROJECT CRAVEN COUNTY For Tryon Palace Historic Sites and Gardens P.O. Box 1007 New Bern, NC 28563 (252) 514-4923 October 2005 Prepared by: ANDREW & KUSKE CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 (Fax) E-mail: office@nkteng.com A&K Project No. 99134W NARRATIVi- PROJECT OWNER: State of North Carolina North Carolina Division of Archives and History Department of Cultural Resources CAMA MAJOR PERMIT APPLICANT: Philippe Lafargue, Deputy Director Tryon Palace Historic Sites and Gardens P.O. Box 1007 New Bern, NC 28563 (252) 514-4923 (252) 514-4876 (Fax) CAMA MAJOR PERMIT AGENT: John A. Kuske, III, P.E., Authorized Agent Andrew & Kuske Consulting Engineers, Inc. 902 Market Street Wilmington, NC 28401 (910) 343-9653 (910) 343-9604 (Fax) PROJECT DESCRIPTION: ?ILI i , r The project site is located in New Bern, North Carolina, which is in Craven County. The site was formerly the Barbour Boat Works site, which is bound by South Front Street to the north, Metcalf Street to the east and the Trent River to the south. The Barbour Boat Works site is a 6.472 acre total / 5.289 acre high ground parcel with extensive frontage on the Trent River in the New Bern, NC downtown historic district. The site was formerly used for industrial activities associated with the Barbour Boat Works company. The site was purchased by the State of North Carolina in 1997 to become the future Tryon Palace Historic Site and Gardens History Education and Visitor Center. As shown on the plans, the construction of an onsite extended detention stormwater wetland and an offsite stormwater wetland is proposed as the first step in a comprehensive site stormwater treatment plan for the future Tryon Palace History, Education & Visitors Center. The onsite stormwater wetlands will treat a portion of on-site stormwater runoff, provide diversity in the overall site stormwater plan, provide. an aesthetically pleasing component to the landscape, as well as provide an opportunity for stormwater treatment education for the public. Cl C; SITE DESCRIPTION A14D INFORMATION: As mentioned above, improvements will take place on the site as shown on the attached plans. The site was formerly used for industrial activities associated with the Barbour Boat Works company. The site is cleared of trees and vegetation. Grades on the site range from 0.10% to 2.00%. The stormwater runoff frorn the undeveloped site currently sheet flows to the river. CAMA MAJOR PERMIT SUK11TTAL - PHASE II: Phase II activities will include removing and replacing the existing site bulkhead along the Trent River, construction of pilings and piers, shoreline stabilization and construction of stormwater wetlands. EROSION CONTROL MEASURES: The attached plans and specifications give the requirements for erosion control measures. Silt fence will be installed on the site prior to grading as shown on the attached plans. Erosion control measures will be installed around the drop inlets as shown on the plans to trap silt during construction. Inspect the erosion control around the inlets after each rain to make repairs as needed. Remove sediment as necessary to provide adequate storage volume for subsequent rains. When the contributing drainage area has been adequately stabilized, remove all materials and any unsuitable soil and either salvage or dispose of it properly. Bring the disturbed area to proper grade, then smooth and compact it. Appropriately stabilize all bare areas around the drop inlets. A gravel construction entrance will be provided as noted on the plans. Maintain the gravel construction entrance in a condition to prevent mud or sediment from leaving the site. Additional erosion control measures associated with the site bulkhead removal replacement will include the use of a floating turbidity curtain with weights to control silt and sediment migration. Materials being demolished and excavated will include wood, steel, concrete and silt and sand. The demolished and excavated materials will be disposed of legally in an EPA and State approved landfill. STORMWATER MANAGEMENT MEASURES: The project site is located within Craven County, North Carolina. Land disturbing on the site will exceed one acre, which requires the site to comply with the NC DENR State Stormwater Regulations. In addition, the site will also have to comply with the City of New Bern Stormwater Ordinance. Design standards as defined in the NCDENR, Division of Water Quality, Stormwater BMP Manual and the City of New Bern Storm Water l• ij R. Management Manual have been used for proposed storm ;atgr, wetland design, dimension, and function. The drainage area for the onsite stormwater wetland is 2.50 acres. The 2.50 acres is a portion of the 6.47 acre / 5.289 acre Barbour Boat Works site / future History Education & Visitor's Center. Future stormwater management measures for the remaining portion of the site will consist of bio-retention areas and additional stormwater wetlands which will be designed and permitted at a later date with the History Education & Visitor's Center. The onsite wetland will have a sediment forebay, an open water pond micro- pool, and a low-flow connective channel. These features will be excavated to the dimensions and grades shown on the Construction Drawings. The onsite wetland area will be defined with a concrete bulkhead along the site frontage and a sheet pile bulkhead around the perimeter. Additionally, the wetland will be constructed with both a primary and an emergency spillway. A series of draw down orifices will be installed to allow for the regulation of Normal Pool within the wetland, draw down of the temporary water quality pool, and a control of post-development peak discharge from the 2.50- acre site drainage area. The onsite wetland will treat site storm water through the removal of Total Suspended Solids (TSS) as well as serve to treat storm water for the reduction of Total Nitrogen (TN). The design has been performed based on guidance provided in the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ) Best Management Practices (BMP) manual. Based on the BMP manual, an extended detention wetland is assumed to have a Total Suspended Solids (TSS) removal efficiency of 85 percent. Similar to a wet detention basin, a detention time of two to five days for the 1" storm event is required to meet this level of efficiency. Discharge from the stormwater wetland will outfall to a perimeter offsite stormwater wetland. This perimeter offsite wetland in conjunction with a similarly constructed offsite wetland, further to the west, will serve to treat a portion of stormwater discharge from the existing 30" Metcalf Street stormdrain pipe. This discharge currently enters the Trent River untreated. With the installation of the two offsite perimeter wetlands, a portion of the discharge from the pipe will be treated to a level previously unseen in this watershed. This treatment of discharge from the Metcalf Street pipe was required as part of funding received from the Clean Water Management Trust Fund (CWMTF). The scope of the Clean Water Management Trust Fund (CWMTF) portion of the site development includes; 1) design and construction of stormwater wetlands to detain and treat runoff from the proposed future developed site, 2) design and construction of a stormwater treatment system to treat a portion of runoff from the 30" Metcalf Street stormdrain pipe prior to entering the Trent River, and 3) design and construction of at least 800 feet of permanent vegetated buffers along the shoreline associated with the project. The proposed stormwater wetlands have been designed and will be constructed to comply with the requirements of the Clean Water Management Trust Fund (CWMTF) grant. ' ?11 An additional benefit of the proposed extended detention stormwater wetlands is the j ; 1 removal of total nitrogen (1"N). According to the Neuse River Basin: Model Storrriwater. Program for Nitrogen Control, dated August 30, 1999, constructed wetlands are currently considered to remove 40 percent of the TN from storm water inflow. Stormwater wetlands are cited as having the highest TN removal rates of any of the comrr?only accepted stormwater Best Management Practices (BMP) currently in use. A similar removal efficiency is described in the New Bern manual. Treatment of Total Suspended Solids (TSS) is not particularly a problem of highly impervious sites and can be accomplished relatively easily through the design and construction of Best Management Practices (BMP's) in accordance with the accepted design standards Best Management Practices (BMP) manual. However, based on high impervious percentage associate with this project, total nitrogen (TN) removal requires a further treatment (such as additional BMP's). In this case, in order to achieve the desired level of treatment of total nitrogen (TN), the stormwater wetland was oversized to roughly three times the required surface area. Treatment of both Total Suspended Solids (TSS) and total nitrogen (TN) is a function of surface area. The design increases the overall footprint of the wetland in order to provide sufficient treatment. CONSTRUCTION SEQUENCE: The contractor will install the gravel construction entrances, silt fence and other erosion control measures specified as required prior to beginning any grading operations. Disturbed areas will be landscaped or stabilized within 15 days of disturbance. ,a MAINTENANCE PLAN 1. All erosion and sediment control practices will be checked for stability and operation following every runoff-producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Install erosion control measures before beginning construction or as soon thereafter as possible. All erosion and sediment control practices will be checked for stability and operation following every runoff-producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 3. Maintain the gravel construction entrances in a condition to prevent mud or sediment from leaving the construction site. The contractor shall inspect the construction entrances on a daily basis. This will require periodic top dressing with additional No. 4 stone. Any objectionable materials spilled, washed, or tracked onto public roadways shall be removed immediately. 4. Install erosion control measures around the drop inlets as shown on the plans to trap silt during construction. Inspect the erosion control around the inlets after each rain and make repairs immediately. Remove sediment when it becomes 0.50 deep to provide adequate storage volume for subsequent rains. When the contributing drainage area has been adequately stabilized, remove all materials and any unstable soil and either salvage or dispose of it properly. Bring the disturbed area to proper grade and appropriately stabilize all bare areas around the drop inlets. 5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier. 6. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless otherwise specified on the plan. All slopes shall be seeded and stabilized within 15 days. 7. The stormwater wetlands will act as sediment basins and will be cleaned out when the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be cleaned or replaced when the sediment pool no longer drains properly. 8. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless otherwise specified on the plan. All slopes shall be seeded and stabilized within 15 days. 9. All disturbed areas shall be seeded within 15 days of disturbance. All seeded areas will be fertilized, reseeded as necessary and mulched according to 10. II 12 J5 specifications in the vegetative: plan to maintain a vigorous, dense vegetative cover. j More stringent ieasures shall !)e used to halt erosion if those shown on this plan are not effective:. All erosion shall be controlled including side slopes before the project is completed. Remove temporary measures upon completion of project. All permanent measures will be well established before project closeout. i ` SECTION 02920 r' . SOIL EROSION AND SEDIMENTATION CONTROL 4 1. GENERAL - ;? 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 15 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post-construction period. Use the specified seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be #57 washed stone. 2.9 Aggregate for construction entrance shall be #4 washed stone. 2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as shown. r?., ? BUJ 3. EXECUTION 3.1 General: Fake every practicable measure during construction or-suspension to works to' minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on off site property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A rip rap at minimum two feet high and three feet thick across the watercourse, with a one-foot thick layer of gravel on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per' 1000`square'feet of-the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION HIS"I-ORIC SITES b, GARDF`NS January 7, 2000 Scott Jones Coastal Management Field Representative NCDENR Hestron Plaza II, 151-B Hwy. 24 Morehead City, NC 28557 Dear Scott, Tryon Palace Historic Sites and Gardens are working on a project that involves approximately 6 acres of land along the Trent River in down town New Bern. In order to develop this tract of land and meet NC State Coastal Water Management regulations we are requesting several permits. I would like you to be aware that I am authorizing John Kuske from Andrew & Kuske, a consulting Engineering firm from Wilmington, NC to be our agent in this CAMA submittal. Feel free to call me if you have any questions. Si 'r ly, 1 Philippe L gue Deputy Director Cc: Paul Bock, Capital Project Office Kay Williams, Tryon Palace Historic Sites and Gardens ,.7\ Y 0 C T 12d ?005 V-.1y P Williams ,Administrator 610 Pollock Street - P O. Box 1007 Nc%% Bern, North Carolina 28563-1007 - (252) 514-4900 - Fax (252) 514-4876 ' NURR(S, KUS(SE `'UNSTALL CONSUL'T'ING ENGINEERS, INC. October 6, 2005 Mr. Jeff Mann, Property Manager NC Railroad 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604 Re: CAMA Major Permit Modification Submittal - Phase II Tryon Palace Historic Sites & Gardens, Applicant History Education and Visitor Center Stormwater Wetlands Project 529 South Front Street New Bern, NC State Construction ID No. 4898140059E Budget Code No. 49814 Item No. 59 NKT Project No. 99134W Dear Mr. Mann: J. Phillip Norris, P.E. John A. KUSke, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. of Counsel This letter is to notify you as an adjacent riparian landowner to the Tryon Palace Historic Sites & Gardens, Barbour Boat Works Site Stormwater Wetlands project. The applicant plans to conduct the following: Construction of stormwater wetlands as shown on the enclosed plans and as described in the enclosed Narrative. This phase of the CAMA Major Permit will include site bulkhead removal and replacement and piling installations for a future elevated pier. Enclosed for your review is one set of plans, a copy of the CAMA Major Permit Modification Application and a copy of the CAMA Major Permit Narrative. Please check the appropriate statement below, sign and date the blanks and return this letter as soon as possible in the self addressed stamped envelope. I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the enclosed plans the development they are proposing. I have no objection to the project as presently proposed and hereby waive the right of objection as provided in General.- Statute 113-229.is proposal. I have objections to the project as presently proposed and have enclosed comments. C T i w ZCC5 Signature ate Print Name Mr. Jeff Mann October 6, 200:-) Page 2 Telephone Number with Area Code Should you have objections to this proposal, please send your written comments to: Mr. Stephen Lane NC Dept. of Environment and Natural Resources/Division of Coastal Management Hestron Plaza II, 151-B Hwy 24 Morehead City, NC 28557 (252) 808-2808 (Phone) (252) 247-3330 (Fax) Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. Jo n A. Kuske, III, P.E. JAKIII/asn 99134W 10-06-05-adj. riparian waiver-Itr-mann cc: Stephen Lane / NC DENR GC' T .I s 2005 NORRIS, KUSKF_ KTUNSTALL CONSULTING ENGINEERS, INC. October 6, 2005 Mr. Aaron C. Everett, District Engineer NC Department of Transportation 209 S. Glenburnie Road New Bern, NC 28560 Re: CAMA Major Permit Modification Submittal - Phase II Tryon Palace Historic Sites & Gardens, Applicant History Education and Visitor Center Stormwater Wetlands Project 529 South Front Street New Bern, NC State Construction ID No. 4898140059E Budget Code No. 49814 Item No. 59 NKT Project No. 99134W Dear Mr. Everett: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. FKuske, P.E. of Counsel This letter is to notify you as an adjacent riparian landowner to the Tryon Palace Historic Sites & Gardens, Barbour Boat Works Site Stormwater Wetlands project. The applicant plans to conduct the following: Construction of stormwater wetlands as shown on the enclosed plans and as described in the enclosed Narrative. This phase of the CAMA Major Permit will include site bulkhead removal and replacement and piling installations for a future elevated pier. Enclosed for your review is one set of plans, a copy of the CAMA Major Permit Modification Application and a copy of the CAMA Major Permit Narrative. Please check the appropriate statement below, sign and date the blanks and return this letter as soon as possible in the self addressed stamped envelope. I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the enclosed plans the development they are proposing. I have no objection to the project as presently proposed and hereby waive the right of objection as provided in General Statute 113-229.is proposal. 1 have objections to the project as presently proposed" and have enclosed comments. L i; T r 2 2065 Signature Date; :. Print Name Mr. Aaron C. Everett October 6, 2005 Page 2 Telephone Number with Area Code Should you have objections to this proposal, please send your written comments to: Mr. Stephen Lane NC Dept. of Environment and Natural Resources/Division of Coastal Management Hestron Plaza II, 151-B Hwy 24 Morehead City, NC 28557 (252) 808-2808 (Phone) (252) 247-3330 (Fax) Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. ?k A - MK-- Jo n A. Kuske, III, P.E. JAKIII/asn 99134W 10-06-05-adj. riparian waiver-Itr-everett cc: Stephen Lane / NC DENR 0 T 1 2 210u5 -- NORRI S, KUSKE TUNSTALL. CONSULTING ENGINEERS, INC October 6, 2005 Mr. Walter B. Hartman, Jr. City of New Bern P.O. Box 1129 New Bern, NC 28563 Re: CAMA Major Permit Modification .Submittal - Phase II Tryon Palace Historic Sites & Gardens, Applicant History Education and Visitor Center Stormwater Wetlands Project 529 South Front Street New Bern, NC State Construction ID No. 4898140059E Budget Code No. 49814 Item No. 59 NKT Project No. 99134W Dear Mr. Hartman: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, RE. J.A. Kuske, P.E. of Counsel This letter is to notify you as an adjacent riparian landowner to the Tryon Palace Historic Sites & Gardens, Barbour Boat Works Site Stormwater Wetlands project. The applicant plans to conduct the following: Construction of stormwater wetlands as shown on the enclosed plans and as described in the enclosed Narrative. This phase of the CAMA Major Permit will include site bulkhead removal and replacement and piling installations for a future elevated pier. Enclosed for your review is one set of plans, a copy of the CAMA Major Permit Modification Application and a copy of the CAMA Major Permit Narrative. Please check the appropriate statement below, sign and date the blanks and return this letter as soon as possible in the self addressed stamped envelope. I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the enclosed plans the development they are proposing. I have no objection to the project as presently proposed and hereby waive the right of objection as provided in General Statute 113-229.is proposal. have objections to the project as presently proposed and have enclosed comments. Signature Date --i :?-- ?D Print Name Mir. Walter B. Hai ifnan, Jr. October 6, 2005 Page 2 Telephone Number with Area Code Should you have objections to this proposal, please send your written comments to: Mr. Stephen Lane NC Dept. of Environment and Natural Resources/Division of Coastal Management Hestron Plaza II, 151-B Hwy 24 Morehead City, NC 28557 (252) 808-2808 (Phone) (252) 247-3330 (Fax) Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. A Jo A. Kuske, III, P.E. JAKIII/asn 99134W 10-06-05-adj. riparian waiver-itr-hartman cc: Stephen Lane / NC DENR C ., r Permit Class. :, 2 0 S Permit umber AMENDED 8-02 STATE OF NORTH CAROLINA . Department of Environment and Natural Resou and ?? Coastal Resources Commissio 01 6 `L0?6 N 4 v,:,, for oENS?o X Major Development in an Area of Enviro mental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS '113-229 Issued to Tryon Palace Historic"Sites & Gardens, PO Box 1007, New Bern, NC 28563 Authorizing development in Craven County at Trent River, at 529 South Front Street. New Bern , as requested in the permittee's application dated 10/7/05 including the attached workplan drawings (4) dated 10/7/05 This permit, issued on lannnry 3, 2006 , 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. Pier Structure 1) In accordance with commitments made by the permittee, the proposed elevated pier and path through the wetlands area shall not exceed 8 feet in width, and the proposed elevated pier over the Trent River shall not exceed 12 feet in width. 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ,Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee r ' Tryon Palace Historic Sites and Garden Permit #8-02 Page 2 of 3 . ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether' floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury, .which'may be caused `from existing or futureoperations undert aken by;the`United States in the'public:. interest.' 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Gazebos 7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebo shall not be designed to allow for second story use. Shoreline Stabilization 9) The authorized alignment of the bulkhead and riprap shall be staked by the applicant and approved on- site by a representative of the Division prior to the initiation of construction. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by Department personnel. 13) A silt fence shall be properly installed immediately landward of all bulkhead caps immediately following completion of backfilling activities. 14) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 15) The fill material shall be clean and free of any pollutants except in trace quantities. Tryon Palace Historic Sites and Garden Permit,#8-02 Page 3 of 3 ADDITIONAL CONDITIONS 16) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 17) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. Erosion and Sedimentation Control NOTE: 'An Erosion and Sedimentation Control Planwill be required for this project, This plan must be filed at least thirty (30) days prior to the beginriing'of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 18) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) 19) A ground cover sufficient to restrain erosion shall be provided within thirty calendar days of project completion. Stormwater iVlanaaement 20) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. S`'V7041015 on 11/7/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 21) No vegetated wetlands or open water areas shall be excavated or filled outside the areas indicated on the attached workplan drawings. NOTE: This permit does not eliminate the need to obtain any additional Federal, State, or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for this verification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 052004), which was issued on 12/28/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200610121. Permit Class MODIFICATION/NIAJOR yp?lf Kr' r d Permit Number 8-02 STATE OF NORTH CAROLINA Department of Environment and Natural Resource. U r:; 1 0W? and E Q-30 Coastal Resources Commission ???? JAN a 2006 ?ti~TUy' Uy wAttf? fN,1LITY,r for uTS?,4?1,1TlIiCtt.l X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Trvon Palace Historic Sites & Gardens, PO Box 1007, New Bern, NC 28563 Authorizing development in Craven County at Trent River, at 529 South Front Street. New , as requested in the permittee's application dated 1017/05 including the attached workplan drawings (4) dated 10/7/05 This permit, issued on December 29, 2005 , 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. Pier Structure 1) In accordance with commitments made by the permittee, the proposed elevated pier and path through the wetlands area shall not exceed 8 feet in width, and the proposed elevated pier over the Neuse River shall not exceed 12 feet in width. 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Tryon Palace Historic Sites and Garden Permit #8-02 Page 2 of 3 ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Gazebos 7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebo shall not be designed to allow for second story use. Shoreline Stabilization 9) The authorized alignment of the bulkhead and riprap shall be staked by the applicant and approved on- site by a representative of the Division prior to the initiation of construction. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by Department personnel. 13) A silt fence shall be properly installed immediately landward of all bulkhead caps immediately following completion of backfilling activities. 14) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 15) The fill material shall be clean and free of any pollutants except in trace quantities. Tryon Palace Historic Sites and Garden Permit 118-02 Page 3 of 3 ADDITIONAL CONDITIONS 16) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 17) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. Erosion and Sedimentation Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 18) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) 19) A ground cover sufficient to restrain erosion shall be provided within thirty calendar days of project completion. Stormwater Management 20) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7041015 on 11/7/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 21) No vegetated wetlands or open water areas shall be excavated or filled outside the areas indicated on the attached workplan drawings. NOTE: This permit does not eliminate the need to obtain any additional Federal, State, or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands. Contact the Division of Water Quality at (252) 946-6481 for this verification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 052004), which was issued on 12/28/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200610121.