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Home My WebLink About20110905 Ver 1_Approval Letter_20111114 � 1 �� D NR North Carolina Department of Environment and Natural Resources � Diwsion of Water Quahty Beverly Eaves Perdue Coleen H Sulims Dee Freeman Governor Director Secretary November 14 2011 Un�ted Sta.tes Coast Guard Civil Engmeermg Unrt Cleveland Attn J H Lang Commandmg Officer 1240 East Nmth Street Room 2179 Cleveland Ohio 44199 2060 Re USCG Mamtenance Dredge Small Boat Moonng,Atlauhc Beach,Carteret County DWQ Pro�ect#2011 0905 USACE Action ID No 2005 00748 Fort Macon Creek (WOK 030503 20 36 16 SA HQW) APPROVAL of 401 Water QuaLty Cerhficahon with Additiona!Conditions � Dear Commander Lang Attached hereto is a copy of Certification No 3872 issued to Cdr J D Lang and the Unrted States Coast Guard dated November 14 2011 In addrtion you should get any other federal state or local permrts before you go ahead wrth your pro�ect includmg(but not l�mrted to)Solid Waste Sediment and Erosion Control Stormwater Dam Safety Land Qualrty Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesrtate to contact us Sincere < Coleen Sullms CHS/kah/i�m — Attachments Disciphne Sheets#C O1 —C OS Cerhficate of Complet�on cc Christy W�cker Wilmmgton District USACOE Joanne Steenhuis DWQ Wilmmgton Regional Office Nick Mills DLR Wilmmgton Regional Office Stephen Rynas DCM Morehead City File Copy Anne Deaton DMF Fdename 110905USGCMa�ntenenceDredgmg(Carteret)401_IC Y Mr J H Lang and the United States Coast Guard Page 2 of 4 November 14 2011 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity wrth the requirements of Section 401 Public Laws 92 500 and 95 217 of the Unrted States and sub�ect to the North Carolma Division of Water Qualrty(DWQ)Regulations m 15 NCAC 2H Section 0500 to Cdr J D Lang and the United States Coast Guard to mamtenance dredge 2 2 acres of open water m the Whrte Oak basm for the dredging of the small boat basm at the US Coast Guard Station Atlantic Beach Carteret County North Cazolma,pursnant to an applicat2on filed on the 7th day of October of 2011 The application and supportmg documentation provtdes adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelmes Therefore the State of North Carolma certifies that this act�vity will not violate the applicable portions of Sechons 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted m accordance w�th the application the supportmg documentation and condrtions heremafter set forth This approval is for the purpose and design subm�tted m the application matenals and as descnbed m the Public Notice The approved plans and specifications for this pro�ect are mcorporated by reference and are an enforceable part of the permrt If the pro�ect ts changed pnor to notificahon a new application for a new Certificatton �s requcred if the properly is sold the new owner must be grven a copy of the Certification and approval letter and is thereby responsible for complymg wrth all cond�tions of this Cert�fication Any new owner must notify the Division and request the Cert�fication be issued m the�r name Should wetland or stream fill be requested m the future addrtional compensatory mitigation may be requ�red as descnbed m 15A NCAC 2H 0506 (h)(6)and(7) If any plan revisions from the approved srte plan result m a change m stream or wetland tmpact or an mcrease m impervious surfaces the DWQ shall be notified m wnnng and a new application for 401 Certification may be requ�red For this approval to be valid compliance wrth the condrtions listed below is requ�red Condihons of Cerhficahon 1 Impacts Approved The following addrtional impacts are hereby approved as long as all of the other specific and general condrtions of this Certificarion(or Isolated Wetland Permrt)are met No other impacts aze approved mcludmg mcidental �mpacts T e of Im act Amount A roved n�ts Plan Locat�on or Reference O en Water 2 2 Acres Disc� lme Sheets#C O1 --C OS(attached) Isolated wetland N/A Wetlands N/A Sedunent and Erosion Control 2 Eros�on and sediment control prachces must be tn full compliance with alt specificahons govermng the proper design,mstallahon and operahon and mamtenance of such Best Management Pracdces �n order to protect surface waters standards a The erosion and sediment control measures for the pro�ect must be designed mstalled operated and mamtamed tn accordance w�th the most recent version of the North Carolina Sedrment and Erosion Control Plannrng and Des�gn Manual b The design mstallation operation and mamtenance of the sediment and eros�on control measures must be such that they equal or exceed the requirements specified in the most recent verston of the North Carolina Sedtment and Eroston Control Manual The devices Mr J H Lang and the United States Coast Guard Page 3 of 4 November 14 2011 shall be maintamed on all construction sites bonow sites and waste pile(spoil)pro�ects mcludmg contractor owned or leased borrow prts associated with the pro�ect c For bonow prt srtes the eros�on and sediment control measures must be des�gned mstalled operated and maintamed m accordance wrth the most recent version of the North Carolina Surface M:nrng Manuad d The reclamation measures and �mplementation must comply wrth the reclamation m accordance with the requirements of the Sedimentat�on Pollution Control Act 3 No waste spoil solids or fill of any k�nd shall occur m wetlands waters or ripanan areas beyond the footprint of the impacts depicted in the 404/401 Permrt Application All construction act�vrt�es mcludmg the design installation operation and mamtenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water qualrty standards statutes or rules occur Any vioiahons of this condihon includmg turbidity and failed silt fences MUST be reported to the Wilmmgton Regional Office immediately at 910 796 7215 4 Sediment and erosion control measures shall not be placed m wetlands or waters to the max�mum extent practicable If placement of sediment and erosion control devices m wetlands and waters is unavotdable they shall be removed and the natural grade restored wrthm six months of the date that the Division of Land Resources has released the pro�ect 5 Contmumg Comphance Cdr J H Lang and the Unrted States Coast Guard and their authonzed agents and/or contractors shall conduct construction activrties m a manner consistent w�th State water qualrty standards(mcludmg any requirements resultmg from compliance with sechon 303(d)of the Clean Water Act)and any other approprtate requ�rements of State law and federal law If the Division determmes that such standards or laws are not bemg met(mcludmg the failure to susta.m a designated or achieved use)or that State or federal law►s bemg violated or that further condrtions are necessary to assure compliance the Diviston may reevaluate and modify th�s Certification to mclude condrtions appropriate to assure compliance wrth such standards and requ�rements m accordance with 15A NCAC 2H 0507(d) Before modifymg the Certification the Divis�on shall notify Cdr J H Lang and the Umted States Coast Guard and their authorized agents and/or contractors and the US Army Corps of Engmeers provide public notice �n accordance wrth 1 SA NCAC 2H 0503 and provide opportunrty for public hearmg m accordance with 15A NCAC 2H 0504 Any new or revised condrtions shall be provided to Cdr J H Lang and the Umted States Coast Guard and theu authonzed agents and/or contractors m wnting shall be provided to the Unrted States Army Corps of Engmeers for reference m any Permit tssued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permtt for the pro�ect A copy of this Certification shall be provtded to the authorized agents and/or contractors and a copy is to be kept at the pro�ect srte and made available tf requested for by a Division mspector Other condrtions 6 Equipment All mechanized equipment(for the dredgmg pro�ect)w�ll be regular(y mspected and mamtamed to prevent contammation of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocazbon or chemical spill the permitee/contractor shall �mmediately contact the Division of Water Qualrty between the hours of 8 am to 5 pm at the Wilmmgton Regional Office at 910 796 7215 and after hours and on weekends call 1 800 858 0368 � Mr J H Lang and the United States Coast Guard 1 Page 4 of 4 November 14 2011 7 Dredgmg shall not cause Shellfish Closures If the dredgmg area �s closed to the takmg of shellfish the effluent water from the dredge spoil should not (if at all practicable)be released mto open shellfish waters Shellfish Sanrtat�on(252 726 6827)and the Division of Water Quality(910 796 7215)must be notified if this is to occur 8 Construct�on Moratoriums and Coordmation If activrties must occur durmg periods of high biological activrty(i e sea turtle or bird nestmg) then biological monrtonng may be requ�red at the request of other state or federal agenc�es and coord�nated wtth these activrttes All moratonums on construction activrt�es established by the NC Wildlife Resources Commission (WRC) US F�sh and Wildl�fe Service(USFWS) NC Drvision of Manne Fishenes(DMF) or National Marme Ftsheries Service(NMFS)to lessen impacts on trout anadromous fish larvaUpost larval fishes and crustaceans or other aquat�c species of concern shall be implemented Exceptions to this condrtion require written concurrence from the applicable md�vidual agency and not�fication to the Div�sion of Water Qualrty Work wrthm the twenty five(25)designated trout counties or identtfied state or federal endangered or threatened species habrtat shall be coordmated with the appropnate WRC USFWS NMFS and/or DMF personnel 9 Cerhficate of Complehon Upon completion of all work approved wrthm the 401 Water Qualrty Certification or applicable Buffer Ru1es and any subsequent mod�fications the applicant �s requued to return the attached certificate of completion to the 401/Wetlands Umt, North Cazolina Division of Water Qualrty 1650 Mail Service Center Ra.leigh NC 27699 1650 Also,this approval to proceed w�th your proposed impacts or to conduct�mpacts to waters as dep�cted m your appLcahon shall ezpire upon ezp�rahon of the 404 Permit If this Certification is unacceptable to you you have the nght to an ad�udicatory heanng upon wntten request wrthm sixty(60)days followmg receipt of this Certification Th�s request must be m the form of a wrttten petrtion conformmg to Chapter 150B of the North Carolma General Statutes and filed with the Office of Admmistrative Heanngs 6714 Mail Service Center Raleigh N C 27699 6714 If modificahons are made to an ortginal Certification you have the right to an ad�udicatory hearing on the modifications upon written request wrthin sixty (60)days followtng receipt of the Certification This certificarion and its condrttons are final and bindmg unless you ask for a heanng This the 14th day of Nov er 2011 DNI N F W ALITY oleen Sullms CHS/kah/ym 3872