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HomeMy WebLinkAbout20140008 Ver 1_Approval Letter_20140310p 4 MCDEN l V North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor, Director March 10, 2014 Ted and Jewell Ivey 229 NC Highway 111 South Goldsboro, NC 27534 John E. Skvarla, III Secretary DWR Project # 2014 0008 Carteret County Subject Property: 1803 Highway 24, Newport Reissue of Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Mrs. Ivey: This Certification supersedes the Certification issued on February 18, 2014 You have our approval, in accordance with the attached conditions and those listed below to remove a four piling boatlift along the existing pier, replace it with a single -pole jet ski -ski lift and construct a second pier with a platform and 2 boatlifts /slips, as described in your CAMA application dated December 20, 2013, and received by the Division of Water Resources (Division) on December 27, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 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, Water Supply Watershed, 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 Nilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 phone: 910 - 796 -72151 FAX: 910 - 350 -20041 DENR Assistance: 1- 877.623 -6748 ntemet: www.ncwaterquality.org \n Equal Opportunity 1 Affirmative Action Employer Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 2 of 5 approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. 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. The applicant shall require his contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. 4. 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. 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 Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom N/A See partial drawing attached Coastal wetlands N/A 404/401 wetlands N/A Buffers 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. The applicant shall require his contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. 4. 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. 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 Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 3 of 5 are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. SAVs Please note that the area surrounding the proposed pier contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality 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 Quality, 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. 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. Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 4 of 5 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 in the DWR Wilmington Regional Office at 910.796.7306. Sincerely, ftrn, Gregson Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 3900 Certificate of Completion 'Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 5 of 5 cc: Kathy Vinson- Coastal Planning Services, Inc. — electronic copy Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Jonathan Howell - DCM Morehead City Heather Styron — DCM Morehead City WiRO X C} cq O C� x co 0 O L l { o' d CQ - 1 t j � �' = � X Gt3 A { �X i t Y Ll- L I o L 0 Co 0 C , X C%2 F <a)X� d XX Q` i X� rx o st- X LN2 Q3 cq t o i x d 0 +I C4 1 \ X o d � c OD C S O Q: � s w o 3t X E n.9 Qom} ?p 5 O O ? S O Q: � s i E uj LU .� V CD a) tj\ n.9 Qom} ?p 5 O O ? S O Q: � E uj co .� V z I r r-, �r d oE_' CLS.- n E3t L- (1) a- �� m° o -e I IL CO X dam+ r l L ZeO CO uJ co W°