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Home My WebLink About20150514 Ver 1_Approval Letter_20150629Pat McCrory Governor June 29, 2015 Porters Neck HOA Mr. Stanley Weinrich 1612 Military Cutoff Road, #108 Wilmington NC 28411 Donald R. van der Vaart Secretary New Hanover County DWR Project #: 15 -0514 Subject Property: Porters Neck HOA Marine Maintenance & Repair Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Weinrich, You have our approval, in accordance with the attached conditions and those listed below to perform maintenance and repair of an existing docking facility as described in your CAMA application dated May 22, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 3883 (GC3883) and 3894 (GC 3894). These Certifications allow you to use the General Permit Nos. 197800056 and 197800125 and the Nationwide Permits 3 and 35 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 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�Certifcationbe issued in their name {15A NCAC 02H.0501 and .0502). i -. �` `' -f 2. Any final construction plans for this project must include orfeference?the`appl cation and ,plans approved by the Division under this authorization letter and,certificafio`n':mTThe " applicant, will - 127 Cardinal Drive Extension; Wilmington; North Carolina 28405 Phone: 910 - 796 -7215,1 Internet. www.ncdenr.gov An Equal Opportunity', Affirmative Action Employer - Made in part by recycled paper 2 Porters Neck HOA Marine Maintenance New Hanover County 2015 -0514 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 Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. 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. The permittee 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 02H.0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant /permittee 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)] 7. 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 permittee /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) 1858- 0368.,. Management of-such spills shall comply with provisions of the North Carolina OiI`Polluti6ri,-and'Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) -and d'(c)(3), f5A=NCAC`02B�0200 (3)(f), and GS 143 Article 21A]. ,;r, -_. �:;:.r., �;. �� pA:- ;u 1 'y.! 3 Porters Neck HOA Marine Maintenance New Hanover County 2015 -0514 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. 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: httr): / /i)ortai.ncdenr.orp-h web /wa'swo /ws.' 401 /certsaiidL)ermits,'apoh'fornis). 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 htt-D: / /w%A-A,.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,,'C;hurcl,'Road,: Raleigh NC 27609 -6285 kl 4 Porters Neck HOA Marine Maintenance New Hanover County 2015 -0514 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(a—�ncdenr.�zov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Cliad.Coburnnnedenr.pov. Sincerely, Jima, nson, Regional Supervisor Water-'Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3883, GC 3894 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington WiRO �� r�-,� �I- •,fix ...r 4� 1 •. `�,� +`� i .' •�'i3.;� �� li . z"K rte..... NCDENR North Carolina Department of Environment and Natural Resources Pat McCrary Governor Donald R. van der Vaart Secretary DWR Project No: Applicant: Project Name: 401 Water Quality Certification Issued Date: County: 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 this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. :> Signature: Date., Division of Water Resources — 401 & Buffer F, ' fling Und � -.m :_ .r r'' °'`•; e r. 1617 Mail Service Center, Raleigh, North Carolina`27699-1'617 - Location 512 N Salisbury St. Raleigh; North Carolina 27604 Phone: 919 -807 -6300 t FAX: 919 -807 -6492 Internet, www.ncwaterqualo.org An Equal Opportunity 1 Affirrnabve Action Employer —Made in part by recycled paper