HomeMy WebLinkAbout20110786 Ver 1_Approval Letter_20110601i�
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RCDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Commanding Officer John H Lang
US Coast Guard CEU Cleveland
1240 East Ninth Street Room 2179
Cleveland OH 44199 2060
Division of Water Quality
Charius'Naklld F E
Director
June 1 2012
Dec Frecr,an
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 REVISED
Dear Commanding Officer Lang
Attached hereto is a copy of Certification No 3919 issued to Commanding Officer John H Lang and US
Coast Guard CEU Cleveland dated June 1 2012 This Certification replaces the Certification issued
on May 23, 2012 In addition you should get any other federal state or local permits before you go
ahead with your project 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
CW /kah/ym
Attachments Certificate of Completion
Si ely
ti
6k- Charles Wakild 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 110786Ver2USCGStatronOregonlnletWalterSloughNavrgatronalChannel (Dare)40i_IC_Revrsed
1617 Mad Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 -807 63001 FAX 919 807 6492 1 Customer Service 1 877 623 6748
Internet www ncwaterguality org
An Equal Opportunity 1 Aff rmatwe Action Employer
NorthCarohna
Natwallff
2
Commanding Officer John H Lang and US Coast Guard CEU Cleveland
Dare County
2011 0786 Ver 2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
i HIS CER1Ir ICATIOIv is issueu in contormnv with the requirements of Section 401 PUDIIL Laws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (the
Division) Regulat ons in 15 NC 4C 21-I Sect on 0500 to Command ng Offcer John H Larg 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 29`s day of March of 2012 and received by the
D viblo-, vi, 'V1Ay 7 2012 an3 o) Public NctlLe issued by the USACE on Septefr ber 20 2011 at L 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 Certification
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
Type of Impact
I Amount Approved nits
Plan Location or Reference
Open Waters (sound)
14 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 John H Lang and US Coast Guard CEU Cleveland
Dare County
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 version of the North Carolina Sediment and Erosion [. ontrol Manual 1 he devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
incli ding contactor o.aned or leased I-o-ro v pits associated N ith 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
at,_ordance u ith he regLire-ncnt- of the Sedimentation Po'iuticr Control Ac*
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 (NCGO10000) 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 project 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 org /web /wq /ws /su/construction
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 project
Continuing Compliance
6 Commanding Officer John H Lang 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 John H Lang 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 John H Lang and US Coast Guard CEU Cleveland in writing
shall be provided to the United States Army Corps of Engineers for reference in any Permit
4
Commanding Officer John H Lang and US Coast Guard CEU Cleveland
Dare County
2011 0786 Ver 2
issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the
404 Permit for the project
Other Conditions
7 Upon completion of the project the applicant shall 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 shall 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 (60) days 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 ls` day of June 2012
7 ION F T JA LITY
�V
Charles Wakild P E
CW/kah/ym
3919