HomeMy WebLinkAbout20130387 Ver 1_Approval Letter_20130416C �
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ACOD—ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
U.S. Army Corps of Engineers
Wilmington District
c/o Mr. Elden Gatwood
69 Darlington Avenue
Wilmington NC 28401
Division of Water Quality
Charles Wakild, P. E.
Director
April 16, 2013
John E. Skvada, III
Secretary
DWQ Project # 13 -0387
Brunswick County
Subject Property: NC Section 14 Emergency Streambank and Shoreline Erosion
Protection Project — Southport, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gatwood,
You have our approval, in accordance with the attached conditions to impact 0.1 acres of open water
as described in your application received by the DWQ on April 12, 2013. After reviewing your
application, we have determined that these impacts are covered by General Water Quality
Certification Number 3885 (GC3885). This general certification may also be viewed on our website
at http://l)ortal.ncdenr.orsz/web/Wg/sw-v/ws/401/certsandpermits. 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.
Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarohna
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -63001 FAX 919. 807 -64941 Customer Service 1- 877 - 623 -6748 Natumllff
Internet www ncwaterquality org
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Southport Emergency Streambank Protection
2013 -0387
Brunswick County
Conditions of Certification:
1) 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:
2) 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 PCN 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.
3) No Sediment & Erosion Control Measures within 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.
4) 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. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
Amount Approved (Units)
Plan Location or Reference
Open Water
0.1 acres
PCN application page 6 of 11
2) 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 PCN 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.
3) No Sediment & Erosion Control Measures within 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.
4) 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. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
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Southport Emergency Streambank Protection
2013 -0387
Brunswick County
5) Construction Stormwater Permit NCGO 10000
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 DWQ 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
hqp://vortal.ncdenr.oriz/web/wg/ws/su/construction.
6) Turbidity Standard
The 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.
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.
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.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days
of receipt of this Certification, you must file the petition with the Office of Administrative
Hearings. A petition is considered filed when the original and one (1) copy is received in the
Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the Office
of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition
is received by the Office of Administrative Hearings within five (5) business days following the
faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
I .
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Southport Emergency Streambank Protection
2013 -0387
Brunswick County
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Karen Higgins in the Central Office in
Raleigh at 919- 807 -6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910 -796-
7215.
Sincerely,
^i
`Charles Wakild, P.E., Director
Division of Water Quality
Enclosures: GC's 3885
Certification of Completion
cc: Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
Jessica Mallindine — Corps of Engineers Wilmington
WiRO