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HomeMy WebLinkAbout20090972 Ver 1_Approval Letter_20091019NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary October 19, 2009 US Army Corps of Engineers Attn: Colonel Jefferson M. Ryscavage, District Commander 69 Darlington Avenue Wilmington, NC 28403 DWQ Project # 09 0972 Carteret County Subject Property: Atlantic Harbor Breakwater Replacement, Atlantic Approval of 401 Water Quality Certification with Additional Conditions Dear Commander Ryscavage: You have our approval, in accordance with the attached conditions and those listed below, to repair existing sandbag wall, construct a second sandbag wall and place fill material between the two, as described within your PCN application dated September 2, 2009 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on September 21, 2009 with additional information received on October 19, 2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3687 (GC 3687). This Certification can also be found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. 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, 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 Nationwide Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: wvvw.ncwaterqualitv.org An Equal Opportunity/Affirmative Action Employer 50% Recycled/ 10% Post Consumer Paper NorthCarohna Natu'rallb, Customer Service 1-877-623-6748 Page Two US Army Corps of Engineers Attn: Colonel Jefferson M. Ryscavage, District Commander DWQ Project # 09 0972 October 19, 2009 The Additional Conditions of the Certification are: 1. Impacts Approved The following 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: Amount Approved (Units) Plan Location or Reference Open Waters Aerial of Atlantic Harbor (Shallow bottom) Dredged Up to 3 acres breakwater repair stamped received 10/19/09 (attached) Coastal Wetlands N/A 2. Erosion & Sediment Control Practices 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 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. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Please notify DWO ifANY turbidity issues arise durin,- this proiect Page Three US Army Corps of Engineers Attn: Colonel Jefferson M. Ryscavage, District Commander DWQ Project # 09 0972 October 19, 2009 4. No Waste, Spoil, Solids, or Fill of Any Kind 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 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. 5. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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. 6. Moratoriums Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. 7. Determination of Impacts At the completion of the project, the DWQ will require a determination of the area impacted which is to encompass the location and acreage of the impact (it can be shown on an aerial or done as a survey). This to be included with the Certification of Completion and sent to the Wilmington Regional Office (address on the letterhead page) and to Raleigh (address below). 8. 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. 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 CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or waters impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Page Four US Army Corps of Engineers Attn: Colonel Jefferson M. Ryscavage, District Commander DWQ Project # 09 0972 October 19, 2009 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215. Sincerely, Coleen H. Sullins, Director Division of Water Quality Enclosures: GC 3687 Certificate of Completion cc: Jeff Richter - USACE Wilmington Ian McMillan - DWQ 401 Unit Stephen Rynas - DCM Morehead City WiRO Atlantic Harbor breakwater repair. D ELEV. IN FEET. MLW ELEV. 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