HomeMy WebLinkAbout20061275 Ver 2_Approval Letter_20100428APSAA
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North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
April 28, 2010
Town of Nags Head
Mr. Cliff Ogburm, Town Manager
Post Office Box 99
Nags Head, NC 27959
Natural Resources
DWQ Project # 2006-1275 Ver. 2
Dare County
Subject Property: Nags Head Emergency Beach Nourishment
Atlantic Ocean
Approval of 401 Water Quality Certification (GC 3642) with Additional Conditions
Dear Mr. Ogburm:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 575 acres of open waters from dredge (offshore borrow site
Sl, as ID by ACE) and 591 acres of ocean beach fill for the purpose of beach nourishment at the
subject property, as described within your application dated August 18, 2009 and received by the
N.C. Division of Water Quality (DWQ) on December 10, 2009. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3642 (GC3642). This Certification allows you to use the CAMA Major Permit
when the Division of Coastal Management issues it. 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
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 below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: www ricwatcroualiwore
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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Page 2 of 4
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
Stream (feet)
404/CAMA Wetlands (acres)
Open Waters 575 (acres) Offshore Borrow Sites S1
Beach Nourishment 591 (acres) Blackmon St. to McCall
Court
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout jr), SA, WS-1, WS-1I, High Quality (HQW), or Outstanding
Resource (ORW) waters, then the sediment and erosion control requirements
contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supersede all other sediment and erosion control requirements.
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 Pre-Construction Notification and
authorized by this written approval, including incidental impacts. 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 3 of 4
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life/fish kills.
6. 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
The applicant/permittee is required to comply with the North Carolina Wildlife Resources
Commission (NCWRC) and US Fish & Wildlife Service (as stated in their August 18, 2008
Biological Opinion) monitoring and conservation measures recommended for the Town of
Nags Head Beach Nourishment Project. The applicant/permittee shall also implement
improvements to monitoring plan recommended by the Division of Marine Fisheries and
monitoring and mitigation plans proposed in the Major CAMA Permit application (pages 10-
12).
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
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 stream 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 4 of 4
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act 15A NCAC 02H..0500. If you have any questions, please telephone Roberto Scheller
of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
??- Coleen H.?ms
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, John Cece, Morehead Office
File copy
Filename: 06-1275 Ver.2