HomeMy WebLinkAbout20150200 Ver 1_Approval Letter_20150312NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 12, 2015
DWR Project k 2015 0200
Carteret County
Clyde Case, III
252 H 70 West THIS IS NOT
Havelock, N NC 28532
Subject Property: 233 Deep Bay Drive, NewA CAMS, p MIT Approval of 401 Water Quality Certification wit A ��a1111
Dear Mr. Case:
You have our approval, in accordance with the attached conditions and those listed below to construct an
extension to the existing dock, relocate and existing boatllft, add a jet ski lift and additional slip with a
boatllft to the docking facility as described In your CAMA application dated February 12, 2015, and received
by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on February 13, 2015.
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 LAMA 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 LAMA Permit.
This 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. 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. Any new owner must notify the Division and request
the Certification be issued in their name 115A NCAC 02H.0501 and .0502).
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910- 796. 7215 \Internet, www.ncdenr.aov
An Equal OpporWmry 1AWiret" Adon Employer- Made n pi by recyded paper
Clyde Case, III
DWR Permit # 15 0200
March 12, 2015
Page 2 of 4
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts are
accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H
.0506 (4)] 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
Certificatiori.
3. Turbidity Standard, I
:i L
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B. 0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
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.
S. The permitee shall require its contractors and /or agents to comply with the terms of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and /or
agents associated with the construction or maintenance of this project a copy of this certification.
A copy of this certification including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 02H.0506
(b)(2) and (c)(2)]
6. Continuing Compliance:
The appllcant/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 Certification. [15A NCAC 02H .0507(d)]
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. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A
NCAC 0213.0200 (3)(f), and GS 143 Article 21A].
4
Clyde Case, III
DWR Permit # 150200
March 12, 2015
Page 3 of 4
8. 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. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 02B.0200 (3)(f)].
9. This certification 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 15A NCAC 02H.0502(e).
10. SAVs
Please note that the area surrounding the proposed pier contains submerged aquatic vegetation
(SAVs). No Impacts to SAVs are authorized by this certification outside the approved impacts
specified herein. [15A NCAC 02B.0221 and 15A NCAC 07H .0208(b)]
11. 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 and /or authorized agent is required
to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion. The certification of completion is available at:
http•/ /portal ncdenr org/ web /wo /swp /ws/ 401 /certsandpermits /apply /forms).
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 LAMA 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 1508 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 htti): / /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.
Clyde Case, III
DWR Permit # 15 02DO
March 12, 2015
Page 4 of 4
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:
Sam M. Hayes, 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 Jennifer.Burdette@ncdenr.gov Joanne Steenhuis in the DWR Wilmington Regional Office
at 910.796.7306 or Joan ne.SteenhuisCdncdenr.gov .
Sincerely,
Ji Gre son, Regional Sue rviso.
Wa ality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3900
cc: Kathy Vinson — Coastal Planning Services —electronic copy
Tyler Crumbley - USACE Wilmington Regulatory Field Office — electronic copy
Heather Styron — DCM Morehead City — electronic copy
Jennifer Burdette — Wetlands and Buffer Unit
Daniel Govoni - DCM Morehead City — electronic copy
WiRO
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