HomeMy WebLinkAbout20110518 Ver 1_Approval Letter_20110711
North Carolina
Beverly Eaves Perdue
Governor
NC Wildlife Resources Commission
Mrs. Sara J. Sherman
172 Mail Service Center
Raleigh, NC 27699
Coleen H. Sullins
Director
July 11, 2011
Dee Freeman
Secretary
DWQ Project # 11-0518
Dare County
Subject Property: Manus Harbor Boating Access Area
Croatan Sound, Pasquotank River Basin (PAS 51, 30-22-(2); SA, HQW)
Approval of 401 Water Quality Certification (GC 3641) with Additional Conditions
Dear Mr. Sherman:
You have our approval, in accordance with the attached conditions and those listed below to
maintenance dredge 1,200 feet of existing channel to original depth of 6 feet and dispose of spoils
on-site (3,511 cubic yards), construct kayak launch area (1,852 square feet of shading impacts),
replace existing wooden bulkhead with 840 feet of vinyl bulkhead and 600 feet of 6-foot wide
shore side docking, and reconfigure two existing boat ramps into three new boat ramps with
loading piers. The total impacts are 3,585 square feet of open water fill, 88,194 square feet of
estuarine shoreline fill (bulkhead replacement), 36,950 square feet of dredge and excavation, and
1,852 square feet of shading as described within your CAMA Major Development Permit
application dated April 26, 2011 and received by the N.C. Division of Water Quality (DWQ) on
May 25, 2011. After reviewing your application we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3641 (GC3641). This Certification(s) issued in
conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US
Army Corps of Engineers (USACE). 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, and Non-discharge 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 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
North Carolina Division of Water Quality Internet: www.ncwaterqualityorg
943 Washington Square Mall Phone: 252-946-6481 one
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
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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:
Amount Approved (Units) Plan Location or Reference
Stream feet
404/CAMA Wetlands
Waters 0.848 (acres) dredge
0.0823 (acres) fill
0.0425 (acres) shading Plan Sheets 17 of 17
Buffers (square ft.
2. Erosion & 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 Pre-Construction Notification. 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.
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4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project.
5. 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.
6. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other
toxic materials.
7. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums prescribed by
the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National
Marine Fisheries Service.
8. Effluent Sampling
• Effluent discharged from dredge spoil basin shall be sampled for Turbidity, pH, and Total
Suspended Solids 30- minutes after start-up, once during middle of dredging time, and 30
prior to end of dredging.
• A equipment calibration log shall be kept and made available for review by DWQ field
staff upon request. Effluent sampling results shall be also be readily available on-site for
review.
• Effluent turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion
control practices must be used to meet this standard. If turbidity exceeds 25 NTU due to
natural background conditions, the existing turbidity level shall not be increased.
• Effluent discharge limits for Total Suspended Solids (TSS) shall be limited to effluent
concentrations of 20 mg/l.
9. "Re-opener" Clause
NC Wildlife Resources Commission and its authorized agents shall conduct its activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. NC Wildlife Resources Commission shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
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times. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify the Division of Coastal Management and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to Division of Coastal Management in writing, shall be provided to the United
States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
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
wetland or stream 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 Roberto Scheller of the Washington
Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-
4631.
4CoSinc Enclosures: Certificate of Completion
GC 3641
cc: 4010versight/Express Permitting Unit
Raleigh Bland, USACE, Washington Regulatory Field Office
Doug Huggett, CAMA, Morehead City
John Cece, LAMA, Elizabeth City
File Copy