HomeMy WebLinkAbout20150357 Ver 1_Approval Letter_20150504Pat McCrory
Governor
A
V/
NCDENR
North Carolina Department of Environment and Natural Resources
May 4, 2015
North Carolina Wildlife Resources Commission
Attn: Steven Bailey
1718 NC Highway 56 West
Creedmoor, NC 27522
Donald R. van der Vaart
Secretary
Subject Property: Holly Shelter Shooting Range, Rocky Point
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dear Mr. Bailey:
DWR # 2015 0357
Pender County
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact approximately 0.1564 acres of wetlands as described in your pre- construction
notification (PCN) application dated March 30, 2015 and received by the Division of Water
Resources (Division) on April 10, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3886 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of
Engineers. 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 Permit.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
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:
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -7215\ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Acbon Employer — Made in part by recycled paper
North Carolina Wildlife Resources Commission
Attn: Steven Bailey
DWR Project # 2015 0357
May 4, 2015
Page 2 of 5
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 Certification 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 {15A NCAC 02H.0501 and .0502).
3. Please Note: The rip rap pads that are shown on the plans for the wetland pipes at Wetland
Impact #1- #5 are NOT required by the Division for pipes crossing wetlands (only streams see
conditions # 13 -17 on Water Quality Certification No. 3886), therefore, they do not have to be
constructed.
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.
5. 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.
16
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404/401 Wetlands
Permanent
Sheet CD -2.01 and Sheets
1
2423 sf (0.0556 ac)
CD- 2.1- CD -2.6 Attachments
2
1121 sf (0.0257 ac)
3 & 4 and Attachment 7
3
1075 sf (0.0247 ac)
(pages 1 -4) (attached)
4
1346 sf (0.0309 ac)
5
851 sf (0.0195 ac)
TOTAL
6816 sf (0.1565 ac)
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 Certification 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 {15A NCAC 02H.0501 and .0502).
3. Please Note: The rip rap pads that are shown on the plans for the wetland pipes at Wetland
Impact #1- #5 are NOT required by the Division for pipes crossing wetlands (only streams see
conditions # 13 -17 on Water Quality Certification No. 3886), therefore, they do not have to be
constructed.
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.
5. 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.
16
. North Carolina Wildlife Resources Commission
Attn: Steven Bailey
DWR Project # 2015 0357
May 4, 2015
Page 3 of 5
6. Sediment and Erosion Control Measures
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. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
7. Wetland Boundary Identification
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed. [15A NCAC 02H .
8. 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)]
9. All temporary impacted areas will be restored to pre- construction natural conditions upon
completion of the project. Native vegetation shall be used for wetland and stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
10. 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
910.796.7315 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 02B .0200 (3)(f),
and GS 143 Article 21A]
11. 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 0213.0200 (3)(f)]
North Carolina Wildlife Resources Commission
Attn: Steven Bailey
DWR Project # 2015 0357
May 4, 2015
Page 4 of 5
12. The permitee shall require its contractors and /or agents to comply with the terms and
conditions 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 with 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 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)j
13. Any additional impacts to streams and /or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this project area will
require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H
.0506(4) and 15A NCAC 02H .0501 and .05021
14. 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 copy of the certificate of completion Form to the DWR 401 and
Buffers Unit within ten days of project completion (available at:
http://portal.ncdenr ore/ web /wq /swp /ws/ 401 /certsandag m tts /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 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 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 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 8:00am
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.
s P- North Carolina Wildlife Resources Commission
Attn: Steven Bailey
DWR Project # 2015 0357
May 4, 2015
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:
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 under section 401 of the Clean Water Act. Please
contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the
Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis@ncdenr.eov if you have any
questions or concerns.
Sincerely,
Jim re son, Regional Supervisor
Water uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3886
cc: Jonathan Howell — DCM Morehead City — electronic copy
Emily Greer- USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette — DWR Wetlands and Buffers Unit
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