20091160 Ver 1_Staff Comments_20091204

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 4, 2009
City of Wilmington
DWQ Project # 09 1160
New Hanover County
Attn: Sterling Cheatham
Progress Energy
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Attn: Kerry MacPherson
River 2 Sea, LLC
Attn: John E. Evans A MIT
PO Box 1810
Wilmington, NC 28401
Subject Property: Castle Street/Dram Tree Park Boat Ramp Improvements, Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Cheatham, MacPherson and Evans:
You have our approval, in accordance with the attached conditions and those listed below, to remove
contaminated soil and replaced with suitable soils and redevelop and improve the boat ramp site, as described
within your CAMA Express application dated October 28, 2009 and received by the Division of Water Quality
(DWQ) Wilmington Regional Office (WiRO) on October 29, 2009. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This
Certification can also be found on line at: http://h2o.enr.state.nc.us/newetlands/certs.html. The Certifications
allows you to use the 404 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit
when issued by the Division of Coastal Management. 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 404 or CAMA 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: [phone] / FAX: [phone]
Internet: www.ncwaterciuality.org
NorthCarohna
naturally
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/10% Post Consumer Paper
Page Two
City of Wilmington Attn: Sterling Cheatham
Progress Energy Attn: Kerry MacPherson
River 2 Sea, LLC Attn: John E. Evans
DWQ Project # 09 1160
December 4, 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 Dredged
(Shallow bottom) Maintenance
3,158 sq ft (0.073 ac) City of Wilmington/Dram Tree Park
Sheet C2 of 10 in File
Coastal Wetlands N/A
404/401 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. 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.
Page Three
City of Wilmington Attn: Sterling Cheatham
Progress Energy Attn: Kerry MacPherson
River 2 Sea, LLC Attn: John E. Evans
DWQ Project # 09 1160
December 4, 2009
4. 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.
Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions including
the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required.
A copy of this permit and monitoring report forms may be found at
htW.-Ah2o. enr. state. tic. uslmlForms Documents.htm.
Contaminated stormwater and groundwater must be captured to avoid the potential drainage to waters of
the US and either pretreated and sent to the Wilmington sanitary sewer system or collected and disposed
of at a permitted treatment facility.
Documentation of all testing and disposal of contaminated waters and/or soil must be prepared by the
appropriate professionals as required.
"Re-opener" Clause
City of Wilmington, Progress Energy and River 2 Sea, LLC and their authorized agents shall conduct its
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. City of Wilmington, Progress Energy and River 2 Sea, LLC. shall require their
contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of
their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included
in the construction contract and available on the job site at all times. If DWQ 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, DWQ
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, DWQ shall notify City of Wilmington, Progress Energy and River 2 Sea, LLC. 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 City of Wilmington, Progress Energy and River 2 Sea, LLC. 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.
Page Four
City of Wilmington Attn: Sterling Cheatham
Progress Energy Attn: Kerry MacPherson
River 2 Sea, LLC Attn: John E. Evans
DWQ Project # 09 1160
December 4, 2009
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.
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,
1
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Rob Walker - Criser Troutman and Tanner
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO