HomeMy WebLinkAbout20131041 Ver 1_Approval Letter_20131003A LV-WA
44,;A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
THIS IS NOTctober3,2013
A CAMA PERMIT
Trinity Center /Episcopal Diocese of East Carolina
Attn: Meghan Dinneen
PO Drawer 380
Salter Path, NC 28575
John E. Skvarla, III
Secretary
DWR Project # 20131041
Carteret County
Subject Property: Trinity Center /Episcopal Diocese of East Carolina, Salter Path
Approval of 401 Water Resource Certification with Additional Conditions
Dear Ms. Dinneen:
You have our approval, in accordance with the attached conditions and those listed below to
construct two oyster sills and plant Spartina alterniflora landward of the sills, as described in
your CAMA application dated September 24, 2013 and received by the Division of Water
Resources (DWR) in the Wilmington Regional Office (WiRO) on September 26, 2013. After
reviewing your application, we have decided that the impacts are covered by General Water
Resources Certification Number 3900 (GC 3900). This Certification allows you to use the 404
permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when
issued by the Division of Coastal Management. 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, Non - discharge, and
stormwater 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 General 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 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 on the following pages.
127 Cardinal Drive EA, Wilmington, NC 28405 NO a Carolina
Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper aturall
Trinity Center /Episcopal Diocese of East Carolina
Attn: Meghan Dinneen
DWR Project # 20131041
October 3, 2013
Page 2 of 5
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:
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 26..0211. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
4. SAVs
No impacts to SAV beds are permitted.
5. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
Amount Approved (Units)
Plan Location or Reference
Open Waters /shallow bottom
2 (100'X 6') sills (1,200 sq
ft) 0.027 acres
Project area aerial (attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 26..0211. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
4. SAVs
No impacts to SAV beds are permitted.
5. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
Trinity Center /Episcopal Diocese of East Carolina
Attn: Meghan Dinneen
DWR Project # 20131041
October 3, 2013
Page 3 of 5
6. The applicant /permitee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including 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, than the Division may reevaluate and modify this
General Water Resources Certification.
7. Monitoring of Sills (photo documentation)
The Permitee will be required to conduct the following:
a. Approximately six (61 months after the installation of the sill structure in waters, the
structure shall be inspected for erosional areas, headcutting, shifts or movement of the
oyster bags within sill structure, etc.
b. Eighteen (18) months after installation another visual inspection shall be conducted.
Written notification is required (e -mail would be fine) after these inspections; any
problems found during inspections shall be documented and the DWR Wilmington
Regional Office staff member contacted to arrange a field visit. If no issues are found, e-
mail photos and state that no issues were noted. The permitee (property owner) shall
consult with the Regional DWQ staff member to determine if a permit modification is
needed to correct the problem. The property owner and /or owners shall assume
responsibility of repairs and maintenance of sill structure.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Resources Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina
Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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.
This approval and its conditions are final and binding unless contested.
Trinity Center /Episcopal Diocese of East Carolina
Attn: Meghan Dinneen
DWR Project # 20131041
October 3, 2013
Page 4 of 5
This Certification can be contested 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
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
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
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Joanne Steenhuis (Joanne.Steenhuis @ncdenr.gov) in the
DWR Wilmington Regional Office at 910.796.7306.
f'.
n
Director
tesources
Trinity Center /Episcopal Diocese of East Carolina
Attn: Meghan Dinneen
DWR Project # 20131041
October 3, 2013
Page 5 of 5
Enclosures: GC 3900
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWR 401 Wetlands Unit
Doug Huggett - DCM Morehead City
Brad Connell - DCM Morehead City
WiRO
DEMO
* The width of Bogue Sound is 2.4 miles at this location. This project site is 2 miles from the channel.
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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
September 24, 2013
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
�x
Linda Lewis
r- 4oanne-Steenhw'�,
'_-LDivision ofWat yerResources
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Trinity Center/Episcopal Diocese of East Carolina
Carteret County, adjacent to Bogue Sound, at the end of Sanders Point Drive,
off of NC Hwy 58, in Salter Path.
Proposes to construct an oyster sill for private community use within Bogue
Sound.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 14, 2013. If you have any questions regarding the proposed project, please contact Brad Connell,
Permit officer at (252) 808 -2808. Ext. 214. When appropriate, in -depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed. Y61 cliilt4�_v-
eell3ft 3
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
inc9rpvKatesi. See attached.
400 Commerce Ave., Morehead City, C 28557
Phone: 252 -808 -28081 FAX: 252 -247 -3
An Equal Opportunity l Affirmative Action Employer
oTects to the project for reasons described in the attached comments.
DATE.- I ° 4'a Eli
.nccoastalmanagement.net