HomeMy WebLinkAbout20110786 Ver 1_Approval Letter_20120523i
North Carolina Department of Environment and Natural Resources
SPVerly EavPS PPrdwn
Governor
Commanding Officer Ray Pipak
US Coast Guard CEU Cleveland
1240 East Ninth Street Room 2179
Cleveland OH 44199 2060
Division of Water Quality
Charles Wakdtl P E
Director
May 23 2012
Dee Freeman
Secretary
Re USCG Station Oregon Inlet Walter Slough Navigational Channel Dare County
DWQ Project # 20110786 Ver 2 USACE Action ID SAW 2011 01747
Pamlico Sound [030156 30 22 SA HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Pipak
Attached hereto is a copy of Certification No 3919 issued to Commanding Officer Ray Pipak and US
Coast Guard CEU Cleveland dated May 23 2012 In addition you should get any other federal state or
local permits before you go ahead with your pr4lect including (but not limited to) Solid Waste Sediment
and Erosion Control Stormwater Non discharge and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
C W/kah/ym
Attachments Certificate of Completion
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'akild P E
cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
Josh Pelletier U S Army Corps of Engineers Washington Regulatory Field Office
Roberto Scheller DWQ Washington Regional Office
File Copy
DLR, Washington Regional Office
Filename 110786Ver2USCGStatronOregontnletWalterSloughNavigationaiChannel (Dare)401_IC
1617 Mad Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 807 63001 FAX 919 -807 64921 Customer Service 1 877 623 6748
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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Commanding Officer Ray P►pak and US Coast Guard CEU Cleveland
Dare County
2011 0786 Ver 2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS Cr. RTI FIC A T ION ►z, issued in w► ►for►ii►ty w ►d► tiic ,equ ►►ciucn►,1 of Se►.tiun YG I t uoh%, Laws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (the'
Division) Regulations in 15 NCAC 2H Section 0500 to Commanding Officer Rav Pipak and US Coast
Guard CEU Cleveland to fill or otherwise impact 4 0 acres of open water (sound) to conduct the proposed
maintenance dredging of Walter Slough which is located at USCG Station Oregon Inlet on Bodie Island
and within the nearby Walter Slough navigational channel northwest of Oregon Inlet in Dare County
North Carolina, pursuant to an application filed on the 29h day of March of 2012 and received by the
Division on 14gv 7 2012 and by Public Notice iss ►►ed by the I1SACE on September 29 2011 apd received
by the DWQ on September 29 2011
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application If the project is
changed prior to notification a new application for a new Certification is required If the property is sold
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification Any new owner must notify the Division and request
the Certification be issued in their name Should wetland or stream fill be requested in the future
additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7)
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces the Division shall be notified in writing and a new application for 401
Certification may be required For this approval to be valid compliance with the conditions listed below
is required
Conditions of Cerhficahon
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated/Non -404 Jurisdictional Wetland Permit are met No other impacts are
approved including incidental impacts
Tvpe of Impact
Amount Approved nits
Plan Location or Reference
Open Waters (sound)
4 0 acres
Application
Sediment and Erosion Control
2 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
3
Commanding Officer Ray Pipak and US Coast Guard CEU Cleveland
Bare Courty
2011 0786 Ver 2
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 i ers on of the North Ca-ol na .pediment and Ewo. o- Control Vl -.P .ai T "e device„
sham be maintained on all construction sites borrow sites and waste pile (spoil) protects
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 Sedimentatiop Pollution Control Act
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 (NCGO 10000) 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 your protect 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 / /portal ncdenr 2M,4yeb 1wg 1ws 1su1construction,
4 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 404/401 Permit 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
5 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 protect
Continuing Compliance
Commanding Officer Ray Pipak and US Coast Guard CEU Cleveland shall conduct construction
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 If the Division 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 the
Division 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 the Division shall notify Commanding Officer Ray Pipak and
US Coast Guard CEU Cleveland the US Army Corps of Engineers and provide public notice in
accordance with 15A NCAC 2H 0503 and provide opportunity for a public hearing in accordance
with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Commanding
Officer Ray Pipak and US Coast Guard CEU Cleveland 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
4
Commanding Officer Ray Pipak and US Coast Guard CEU Cleveland
Dar- -ourty
2011 0786 Ver 2
Other Conditions
7 Upon completion of the project the applicant shah complete and return the enclosed
Certification of Completion Form' to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401[Wetlands Unit of the Division of Water Quality
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application %hall expire upon expiration of the 404 Permit
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written
request within sixty (0) clays following receipt of this Certification This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification Unless
such demands are made this Certification shall be final and binding
This the 23`° day of May 2012
7 OF AT R QU Y
//V LCV.
harles Wakild P E
CW/kah/ym
3919