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HomeMy WebLinkAbout19970524 Ver 2_No Written Concurrence_20150112The Bluffs HOA Permit # 16-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) 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. 1, 4) 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. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. x "" 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. 7) This permit does not authorize any additional slips at the previously authorized 27 marina facility. General 8) 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. 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the .-written approval of the -Division of Coastal Management. -Ir- 10) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 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) 946-6491 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 30 feet of the normal water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. , SAW, -2015-00015. , A47A v NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 12, 2015 The Bluffs HOA Attn: Tom Bell PO Box 10188 Goldsboro, NC 27532 Donald R. van der Vaart Secretary DWR Project # 1997 0524 v2 Carteret County Subject Property: The Bluffs HOA dock reconfiguration, Morehead City No written Concurrence Needed Dear Mr. Bell: You have our approval, in accordance with the attached conditions and those listed below to reconfigure the existing 27 slip docking facility and adding 14 tie pilings, as described in your CAMA application dated December 16, 2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on December 18, 2014. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056-when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and stormwater regulations. 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 General Permits 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 General 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 on the following pages. The Additional Conditions of the Certification are: I. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and Is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 - 796 -7215\ Internet: www ncdenr.gov An Equal Opportunity 1 Afianab" Action Employer — Made in part by recycled paper The Bluffs HOA Attn: Tom Bell DW R Project # 1997 0524 v2 January 12, 2015 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .0502). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. SAVs Please note that the area surrounding the pier contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. [15A NCAC 02B.0221 (1) and 15A NCAC 07H .0208 (b)] 5. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506(4)) 6. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this protect a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [35A NCAC 02H .0507 b® and 15A NCAC 02H .0506 (b)(2) and (c)(2)] All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [35A NCAC 021-1.0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(0, and GS 143 Article 21 A) The Bluffs HOA Attn: Tom Bell DW R Project p 1997 0524 v2 January 12, 2015 Page 3 of 4 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(9] 8. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Continuing Compliance: 9. The applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 115A NCAC 02H .0507(d)] 10. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: htti):Hportal ncdenr orp/ web /wo /swp /ws/ 401 /certsandi)ermlts /apply /forms). [15A NCAC 02H .0506(b)(5)] 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H.0502 (e)). 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 wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The Bluffs HOA Attn: Tom Bell DWR Project # 1997 0524 v2 January 12, 2015 Page 4 of 4 The petition may be faxed- provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478 A copy of the petition must also be served on DENR as follows: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer.Burdette@ncdenr.¢ov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuist@ncdenr.gov. Sincerely, Joanne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3883 cc: Everett Pannkuk — Andrew Consulting Engineers, PC —electronic copy Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City— electronic copy Heather Styron - DCM Morehead City — electronic copy WiRO