HomeMy WebLinkAbout20170326 Ver 1_401_Approval _20170523tri
Water Resources
Environmental Quality
Elite Management Group, LLC
Attn: Mr. Jorge Rivera
5803 Curlew Drive
Norfolk, VA 23502
NOT A LAMA PERMIT
May 23, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR ff 2017-0326
Perquimans County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
ELITE MANAGEMENT GROUP, LLC— BOAT MAINTENANCE FACILITY
Dear Mr. Rivera:
You have our approval for the impacts listed below for the purpose described in your application dated
March 14, 2017 and received by the Division of Water Resources (Division) on March 21, 2017 with
subsequent information received on May 1 and 2, 2017. These impacts are covered by the attached Water
Quality General Certification Number 4097 and the conditions listed below. This certification is associated
with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of
Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of
Coastal Management issues it. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount
Amount
Plan location/
Approved (units)
Approved (units)
Reference Attached
Permanent
Temporary
Open Waters
OW -1 (Shading from Docking
0.10 (acres)
0 (acres)
Facility and Travelift)
Sheet 3 of 9
OW -2 (Fill from Bulkhead)
0.02 (acres)
0 (acres)
. - "Nothing Compares -_. -
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
ELITE MANAGEMENT GROUP, LLC— BOAT MAINTENANCE FACILITY
DWR# 2017-0326
r.; 401APPROVAL
Page 2 of 4
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4097. 115A NCAC 02B .0507(c)]
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality for
Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0222]
Continuing Compliance
4. Pump-outs/Sewage Disposal
No sewage shall be allowed to be discharged at any time from boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing
appropriate waste disposal information. [15A NCAC 02H .0506 (b)(3))
5. Fueling Facilities
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)]
6. Number of Slips/Dock Space
Use of dock space other than the approved 20 slips is prohibited. Handrails or other
devices, including signage, should be used to discourage use of any dockfpace other than
the 20 designated dockage slips as shown in the approved plan. [15A NCAC 07H .1205]
Other Conditions
Any marina project that proposes a pumpout with a storage tank are classified as a Non -
Pumpers and will need to obtain a "Non -Pumper" permit from the Division of Waste
Management, Solid Waste Section and provide a copy to this Office prior to the
construction of the facility. [G.S. 130A-291.1(el)]
8. Fueling at Marina Projects
Any marina project that proposes to dispense or store fuel shall provide an EPA approved
Spill Prevention Control and Countermeasure (SPCC) plan to this Office before the fueling
facilities are constructed. [15A NCAC 02H .0506(b)(3)]
ELITE MANAGEMENT GROUP, LLC— BOAT MAINTENANCE FACILITY
DWR# 2017-0326
401 APPROVAL
Page 3 of 4
9, State Stormwater Management Plan (SMP) and General Permit No NCG190000 Approved
by Division Stormwater Program Required
You are required to provide one copy of the state stormwater management plan (SMP)
and National Pollutant Discharge Elimination System General Permit No. 190000
(NCG190000) approval letters from the Division of Energy, Mining and Land Resources
(DEMLR) to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC
27699-1617) prior to the beginning of operations. Activities that constitute operations
are hauling of boats, slip occupancy and/or boat maintenance. The project must be
constructed and maintained in compliance with the approved SMP and NCG190000.
After the approval letter is submitted to the Division, the SMP and NCG190000 may not
be modified without prior written authorization from DEMLR. If the SMP and NCG190000
are modified in the future, then you shall provide an approval letter for the modifications
to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [i5A NCAC 02H .0506(b)(5)] .
10. Closed -Loop Recycle System Permit
You are required to obtain a closed-loop recycle system permit prior to the beginning of
marina operations. Activities that constitute operations are hauling of boats, slip
occupancy and/or boat maintenance. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02T
.1003(3)]
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 CAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and S:OOpm, 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 Church Road
Raleigh, NC 27609-6285
ELITE MANAGEMENT GROUP, LLC— BOAT MAINTENANCE FACILITY
D W R# 2017-0326
401APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
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
Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh(a@ncdenr.aov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4097
Certification of Completion
cc: Hal Goodman, Construction Engineering Services, Inc.
(via email: halgoodman33@gmail.com)
Greg Bodnar, DCM Morehead City (via email)
Lynn Mathis, DCM Elizabeth City (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
Laserfiche
File
-RecP1Ved
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APPROVED
North Carolina Environmental
Management Commission
Division of Water Resources
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0 BE SLOPED A MIN. OF 1/8" PER
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DRAWN BY: H.G.
PURPOSE: CONSTRUCTION OF BOAT CONSTRUCTION OF CONST. OF PIER, SLIPS & TRAVELIFT
MAINT. FACILITY IN: PERQUIMANS RIVER
DATUM: N.W.L. BOAT MAINTENANCE
FACILITY AT: TOWN OF HERTFORD, NC
ADJACENT PROPERTY OWNERS: COUNTY: PERQUIMANS STATE: NC
1. BROWN DEVELOPMENT OF NC ELITE MANAGEMENT GROUP, LLC
101 GRANBY STREET APPLICATION BY: CONSULTANT
2. PERQUIMANS COUNTY HERTFORD, NC 27944 SHEET 3 OF 9 REV. DATE: 2.14-17