HomeMy WebLinkAbout20110905 Ver 1_USACE Action ID# 2005-00748 Email_20150421
Strickland, Bev
From:Jones, Jennifer (Raleigh) <Jennifer.Jones@aecom.com>
Sent:Tuesday, April 21, 2015 4:49 PM
To:Steenhuis, Joanne
Subject:Coast Guard Dredging Project - DWQ# 2011-0905; USACE Action ID# 2005-00748,
USCG-Atlantic Beach, Carteret County, NC
Attachments:NC DWQ Water Quality Certification_2011 0905_Permit.pdf
Hello Joanne,
I am working with the US Coast Guard (USCG) on a maintenance dredging project within the small boat basin at their
field office in Atlantic Beach, NC. The USCG was issued a permit from your office in November 2011 to conduct
maintenance dredging of approximately 8,732 cubic yards (2.2 acres) of material within the basin (see attached); the
associated USACE Section 404 permit expires on December 31, 2022. However, the USCG needs to remove additional
material from high spots that were missed during the previous dredging activities and sediment that has accumulated
since that time. Based on the volume of material removed in 2012 and the volume of material that needs to be
removed to allow the boats to transit and moor, the cumulative total of material removed will exceed the permitted
amount.
Therefore, I wanted to contact you to discuss the project and determine whether a permit modification or a new
permit/certification is needed. In addition, the design plans for the 2012 permit involved dewatering onsite from a
containment area; however, the USCG anticipates dewatering the dredge material from a barge located within the
proposed dredge area. The dredge area will be surrounded by a weighted turbidity curtain and will remain in-place
during and for a period of time following the dredging activities. The material will then be loaded into trucks and
transported to an approved, licensed disposal facility.
I have also reached out to the USACE Wilmington District on this matter. I suspect a new pre-construction notification
package is needed but I wanted to discuss this with both of you before proceeding.
Please contact me at your earliest convenience to discuss this project and the path forward.
Thank you in advance,
Jennifer
Jennifer Jones
Project Manager
Environment
D 919.239.7150 M 919.809.4017
jennifer.jones@aecom.com
AECOM
701 Corporate Center Drive, Suite 475, Raleigh, NC 27607
T 919.854.6200 F 919.854.6259
www.aecom.com
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RECEIVED
�a�►� NOV 2
NCDENR V 2011
North Carolina Department of Environment and Natural Resources CFU `� EVELAND
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 14, 2011
United States Coast Guard
Civil Engineering Unit, Cleveland
Attn: J.H. Lang, Commanding Officer
1240 East Ninth Street, Room 2179
Cleveland, Ohio 44199-2060
Re: USCG Maintenance Dredge Small Boat Mooring, Atlantic Beach, Carteret County
DWQ Project # 2011 0905, USACE Action ID. No. 2005-00748
Fort Macon Creek, (WOK 030503, 20-36-16, SA: HQW)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Commander Lang:
Attached hereto is a copy of Certification No. 3872 issued to Cdr. J.D. Lang and the United States Coast Guard,
dated November 14, 2011. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater,
Dam Safety, Land Quality, Non -discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely.
Coleen Sullins
CHS/kah/i m
Attachments: Discipline Sheets # C-01 — C-05
Certificate of Completion
cc: Christy Wicker Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Nick Mills, DLR, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Anne Deaton, DMF
Filename: l 10905 USGCMaintenenceDredging(Carteret)401 _IC
Mr. J.H. Lang and the United States Coast Guard
Page 2 of 4
November 14, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 21-1, Section .0500 to Cdr. J.D. Lang and the United States Coast Guard to maintenance dredge 2.2 acres of
open water in the White Oak basin for the dredging of the small boat basin at the US Coast Guard Station Atlantic
Beach, Carteret County, North Carolina, pursuant to an application filed on the 7th day of October of 2011.
The application and supporting documentation provides adequate assurance that the proposed work will not result
in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the Public
Notice. The approved plans and specifications for this project are incorporated by reference and are an
enforceable part of the permit. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be
requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or
an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below is
required.
Conditions of Certification:
1. Impacts Approved
The following additional 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:
Type of Impact Amount Approved (Units) Plan Location or Reference
Open Water 2.2 Acres Discipline Sheets # C-01 -C-05 (attached)
Isolated wetland N/A
Wetlands N/A
Sediment and Erosion Control:
2. 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
in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The 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
Mr. J.H. Lang and the United States Coast Guard
Page 3 of 4
November 14, 2011
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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 404/40 1 Permit Application. 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.
Any violations of this condition including turbidity and failed silt fences MUST be reported to the
Wilmington Regional Office immediately at 910.796.7215.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project;
5. Continuing Compliance:
Cdr. J.H. Lang and the United States Coast Guard and their authorized agents and/or contractors, shall
conduct construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that such standards or
laws are not being met (including the 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, the Division
may reevaluate and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Cdr. J.H. Lang and the United States Coast Guard and their
authorized agents and/or contractors and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Cdr. J.H. Lang and the United
States Coast Guard and their authorized agents and/or contractors in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project. A copy of this
Certification shall be provided to the authorized agents and/or contractors and a copy is to be kept at the
project site and made available if requested for by a Division inspector;
Other conditions:
6. Equipment
All mechanized equipment (for the dredging project) will be regularly inspected and maintained to
prevent contamination of waters and wetlands from hydrocarbons 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 1.800.858.0368.
Mr. J.H. Lang and the United States Coast Guard
Page 4 of 4
November 14, 2011
7. Dredging shall not cause Shellfish Closures
If the dredging area is closed to the taking of shellfish, the effluent water from the dredge spoil should not
(if at all practicable) be released into open shellfish waters. Shellfish Sanitation (252.726.6827) and the
Division of Water Quality (910.796.7215) must be notified if this is to occur.
8. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting), then
biological monitoring may be required at the request of other state or federal agencies and coordinated
with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes
and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition
require written concurrence from the applicable individual agency and notification to the Division of
Water Quality.
Work within the twenty-five (25) designated trout counties or identified state or federal endangered or
threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS and/or DMF
personnel.
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 is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. This certification and its conditions are final and binding unless
you ask for a hearing.
This the 14th day of Nov er 2011
DIVI N FW ALITY
i
oleen Sullins
CHS/kah/gym
3872
A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
DWQ Project No.: � \ -- 0 C't� C
Applicant:
Project Name:
Division of Water Quality
Coleen H. Sullins
Director
County: �_U '��-� .� L
Date of Issuance of 401 Water Quality Certification: r \ —
Certificate of Completion
Dee Freeman
Secretary
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 401/Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ 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
Registration No.
1650 Mail Ser jice Center, Raleigh, North ;aroline 27699-1650
Location: 512 .d Salis ury Sl Floor 9 Rale jh Nor Carolina 27604-1' 70 one
Phone: 919-807-6301 FA,:: 9111-807-6494 Noi thCarolina
Int !et:www.ncwatP-iVliiyx
An . ival Opportunity 1, .!rn zitwe / lion Employer . Mitt a
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