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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 MAID j 1p17 :Msc W •EL 5.5 3� SLIP 19 SLIP 20 SLIP 17 SLIP 19 • EL -115 EL 11.2 EL. -4.0 SLIP 15 SLIP 13 SLIP 11 SLIP 9 • C—T SLIP 7 SLIP 5 SLIPS SLIP I EL -4.0 36,- BUIKHEAO AT EXISTING RAMP APPROVED North Carolina Environmental Management Commission Division of Water Resources Hate �23OLF FLOATING DOCK 20 )- # 217 -o?Lv SLIP 16 ' EL -5.0 • Y1 • EL. SLIP 14 0 x SLIP 12 ' ^ o SLIP 10 T� ro o SLIP 6 0 • b N SLIP6 SLIP 4 SLIP • EL -3 EXISTING BULKHEAD TO BE REINFORCED &REPAIRED PER m SECTION ON SHEF�T 5&6 � 0 BE SLOPED A MIN. OF 1/8" PER ROM THE TOP OF THF BUIKHEAO NO ALL RUNOFF WLL BE DIRECT N TO THE UPLAND AREA. -2, PLAN SCALE: 1" = 50, EL. 9.8 EBB s FLOOD PERi2V11 AA15 RIVER 0 J AD • EL -35 r- EXISTING / CYPRESS PROTECTION TREE REMAIN(IP.) 1 APPROX BUFFER LINE N ® EXISTIN s N.W.L. m S 57 45 53 E n" PROPOSED x y / p^• x RIP RAP FUNK PROTECTION-� 7y,� 2 L- 20y w. /04 34,AP WOC� f EL 11.2 EL. -4.0 SLIP 15 SLIP 13 SLIP 11 SLIP 9 • C—T SLIP 7 SLIP 5 SLIPS SLIP I EL -4.0 36,- BUIKHEAO AT EXISTING RAMP APPROVED North Carolina Environmental Management Commission Division of Water Resources Hate �23OLF FLOATING DOCK 20 )- # 217 -o?Lv SLIP 16 ' EL -5.0 • Y1 • EL. SLIP 14 0 x SLIP 12 ' ^ o SLIP 10 T� ro o SLIP 6 0 • b N SLIP6 SLIP 4 SLIP • EL -3 EXISTING BULKHEAD TO BE REINFORCED &REPAIRED PER m SECTION ON SHEF�T 5&6 � 0 BE SLOPED A MIN. OF 1/8" PER ROM THE TOP OF THF BUIKHEAO NO ALL RUNOFF WLL BE DIRECT N TO THE UPLAND AREA. -2, PLAN SCALE: 1" = 50, EL. 9.8 EBB s FLOOD PERi2V11 AA15 RIVER 0 J AD PROPOSED _RIP RAP FLANK j DISTURBANCE PROTECTION _ 3 Y30' BUFFER LINE N • EL. 8.0 m 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