HomeMy WebLinkAbout20140420 Ver 1_Approval Letter_20140521MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 21, 2014
Larry Styron
PO Box 1599
Newport, NC 28570
John E. Skvarla, III
Secretary
DWR # 140420
Carteret County
Subject: APPROVAL OF ISOLATED AND OTHER NON -404 JURISDICTIONAL WETLANDS AND
WATERS GENERAL PERMIT WITH ADDITIONAL CONDITIONS
ANNA WINK MINE # 2, NEWPORT
Dear Mr. Styron:
You have our approval for the impacts listed below for the purpose described in your application
dated April 16, 2014, received by the Division of Water Resources (Division) April 21, 2014 and
subsequent information received on May 6 and 8, 2014. These impacts are covered by the
attached State General Permit for Impacts to isolated and Other Non -404 jurisdictional wetlands
and Waters Permit Number IWGP100000 and the conditions listed below. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the General Permit are met. No other impacts are approved,
including incidental impacts.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405
Phone: 910-796-7215 1 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Larry Styron
May 21, 2014
DWR Project # 2014 0420
Page 2 of 5
Type of Impact
Amount Approved
Amount Approved
Plan Location or
(units)
(units)
Reference
Permanent
Temporary
Stream
Site 1
N/A
N/A
404/401 Wetlands
Site 1
N/A
N/A
Isolated Wetlands
W1
0.01acres
N/A
Anna Wink Mine #2
W2
0.02 acres
Wetland impacts
W3
0.1 acres
drawing
W4
0.06 acres
W5
0.08 acres
TOTAL IMPACTS
0.27 acres
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. 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 Pre - Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
Larry Styron
May 21, 2014
DWR Project # 2014 0420
Page 3 of 5
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control designs
must-comply with the requirements set forth in 15A NCAC 0413.0124 Design Standards
in Sensitive Watersheds.
5. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices
must be used to meet this standard.
6. 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 Resources, 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.
7. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt-and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat,
suffocation of eggs, and clogging of gills of aquatic species.
Larry Styron
May 21, 2014
DWR Project # 2014 0420
Page 4 of 5
8. 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 Quality
Permit. A copy of this Permit shall be included in the construction contract and available
on the iob site at all times.
9. This permit grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during
normal business hours.
10. Certificate of Completion
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all 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 NC Division of Water Resources 1650 Mail
Service Center, Raleigh, NC, 27699 -1650 upon completion of the project.
11. This approval and its conditions are final and binding unless contested.
This Permit can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: /Iwww.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. 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 8:00am and 5:00pm, 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.
Larry Styron
May 21, 2014
DWR Project # 2014 0420
Page 5 of 5
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 under section 401 of the Clean Water Act as
described in 15A NCAC 2H .0500. Please contact Jennifer Burdette in the Central Office at
919.807.6364 or by e-mail Jennifer. Burdette@ncdenr.gov or Joanne Steenhuis in the Wilmington
regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis @ncdenr.gov if you have any
questions or concerns.
Sincerely,
Jim r son Regional Supervisor
g pe i
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: IWGP100000
Certificate of Completion
cc: Andy Mundy — Stroud Engineering — electronic copy
Christy Wicker - USACE Wilmington Regulatory Field Office - electronic copy
Jonathan Howell — DCM Morehead City — electronic copy
dennifer:Bur`detfe DWR "401_ & =13uffer Permitting = Unit-_ T_D
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