20110480 Ver 1_No Written Concurrence_20110714

ARN LT-WA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretarv
July 14, 2011
New Hanover County
DWQ Project #: 11-0480
Mr. Bob Williams
22 Backfin Pointe
Wrightsville Beach NC 28411
Subject Property: 22 Backfin Pointe - Figure Eight Island
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Williams,
You have our approval in accordance with the attached conditions, to reconfigure an existing
docking facility as described in your CAMA Major application received by the DWQ on May
18, 2011. After reviewing your application, we have decided these impacts are below the
threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3687 (GC3687) are met. This certification may also be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the
Regional General #197800056 Permit when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that a work included in the 401
Certification has been completed. The responsible party Jat Mr e tt hed form
and return it to the 401/Wetlands Unit of the Division of T . .1 a NO Violations of any condition herein set forth may result invllc if P%4k17*
result in criminal and/or civil penalties.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
ne Carolina
Phone [phone] Customer Servicel-877-623-67. tj(p17
FAX [phone] Internet: h2o.enr.state.nc.us
2
Robert J. Williams
New Hanover County
2011-0480
If you do not accept any of the conditions of this certification, 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 Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3687
Certification of Completion
cc: Jimmy North - Coastal Marine Construction, 6314 Wrightsville Avenue, Wilmington,
NC 28403
Ian McMillan - Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Steve Everhart -DCM Wilmington THIS 11,00L
WiRO Ask - 15 NOT
A %0/AjA#A PERART
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
Water Quality Certification No. 3687
Water Quality Certification Number 3687 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas which are waters of the United
States as described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of
the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a. Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location, or
b. Temporary or permanent impacts equal to or exceeding: one-third (1/3) acre of
wetlands East of Interstate-95, or one-tenth (1/10) of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources; or
d. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. Any impacts to streams and/or buffers in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) unless the activities are listed as
"EXEMPT" from these Rules.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities included in this General Certification and below the thresholds listed above do
not require written approval from the Division of Water Quality as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met,
written approval from the Division is required.
Water Quality Certification No. 3687
KLUIUNAL PERMIT 187800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification No. 3687
Conditions of Certification:
1. No Impacts Beyond Those Authorized for this General Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established for use of this General Certification, or beyond the
footprint of the impacts authorized in the written approval, including incidental impacts. 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.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times. except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner,
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the design
and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project.
4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If the
Water Quality Certification No. 3687 2
Water Quality Certification No. 3687
activity is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
NCDOT shall be required to be in full compliance with the conditions related to construction
activities within the most recent version of their individual NPDES (NCS000250) stormwater
permit.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags,- rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
obeyed. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250, and.0243, and shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All riparian area protection rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through
.0215).
Water Quality Certification No. 3687
Water Quality Certification No. 3687
9. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross-sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life, unless otherwise justified and approved by the
Division.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip-rap or other bank hardening
methods.
10. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H .1405.
12. Temporary Fills and/or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, plan form pattern, and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.
Water Quality Certification No. 3687
Water Quality Certification No. 3687
13. For activities requiring written approval, additional site-specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards.
14.Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
15. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse.
16. This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.7B, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit. The
conditions in effect on the date of issuance of Certification for a specific project shall remain
in effect for the life of the project, regardless of the expiration date of this Certification. If the
construction process for approved activities will overlap the expiration and renewal date of
the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then
the General Certification shall also remain in effect without requiring re-application and re-
approval to use this Certification for the specific impacts already approved.
17. The applicant/permittee 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, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this General Certification for the project and may result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Water Quality Certification No. 3687
Water Quality Certification No. 3687
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullin
Director
History Note: Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued
December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This
General Certification is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3687 6