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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  Please consider the environment before printing this e-mail 1 This e-mail and any attachments contain AECOM confidential information that may be proprietary or privileged. If you receive this message in error or are not the intended recipient, you should not retain, distribute, disclose or use any of this information and you should destroy the e-mail and any attachments or copies. 2 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 6