HomeMy WebLinkAbout20041238 Ver 5_Approval Letter_20160219PAT MCCRORY
Gmamior
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL OUALITY
February 19, 2016 DiieC1.,
DWR Project # 20041238 V5
North Carolina State Ports Authority
THIS IS NOirteretCounty
Attn: Paul Cozza
PO Box 9002
Wilmmingingtoonn,, NC 28402 A LAMA PERMIT
Subject Property: Emergency Dredging, Agitation Beam Event Morehead City Port, Morehead City
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cozza:
You have our approval, in accordance with the attached conditions and those listed below to drag an (-
beam to achieve the 38 +2' depth necessary to accommodate vessels at the port, as described in the e-
mail for a one-time event received by the Division of Water Resources (Division) on February 17, 2016.
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 requires you to follow the conditions listed in the attached certification and any additional
conditions listed on the previous certifications and on the following pages.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your e-mail for a one-time event. 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 (15A NCAC 02H .0501 and
.05021,
2. The use of the I-beam is to be done on the out -going phase (tide) of the tidal cycle.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215
North Carolina State Ports Authority
Attn: Paul Cozza
DWR Permit N 20041238 V5
February 19, 2016
Page 2 of 4
3. 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
Certification.
4. 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 02H .0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)].
5. Continuing Compliance:
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 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 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. [15A NCAC
02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
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. [15A NCAC 02H .0506 (b)(3)
and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
8. This certification grants permission to the director, an authorized representative of the Director,
or DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
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 and/or authorized agent is
required to return a completed certificate of completion form to the NCDEQ DWR 401 and
North Carolina State Ports Authority
Attn: Paul Cozza
DWR Permit p 20041238 V5
February 19, 2016
Page 3 of 4
Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, INC,
27699 within ten days of project completion. The certification of completion is available at:
http://Po rta I.ncde nr.ora/web/wa/swp/ws/401/certsa nd perm its/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 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.
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:
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699-6714
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ+:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 27699-1601
North Carolina State Ports Authority
Attn: Paul Cozza
DWR Permit # 20041238 VS
February 19, 2016
Page 4 of 4
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 contact Jennifer Burdette in the Central Office in Raleigh at
919.807.6364 or Jennifer. Burdette(@ncdenr.aov Joanne Steenhuis in the DWR Wilmington Regional
Office at 910.796.7306 or Joanne.Steenhuisna ncdenr.gov.
Sincerely,
Jim 7on,egional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Todd Walton — NCSP —electronic copy
Liz Hair - USACE Wilmington Regulatory Field Office— electronic copy
Jennifer Burdette — Wetlands and Buffer Unit
Courtney Spears - DCM Morehead City—electronic copy
WiRO