20100316 Ver 1_Approval Letter_20100625

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 25, 2010
Mr. Amin Davis
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
1615 Mail Service Center
Raleigh, NC 27699
Re: Nutbush Boat Ramp - Kerr Lake State Recreation Area, Vance County
Nutbush Creek [030206, 23-8-(2), B]
DWQ #20100316; USACE Action ID. No. 2010-00727
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis:
Attached hereto is a copy of Certification No. 3826 issued to Mr. Amin Davis and North Carolina
Department of Environment and Natural Resources, dated June 25, 2010. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
9tColeen H. Sullins
CHS/ijm
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
DLR Raleigh Regional Office
Filename: 100316NutbushBoatRampKerrLakeStateRecreationArea(Vance)401_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr,org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Mr. Amin Davis and North Carolina Department of Environment and Natural Resources
Page 2 of 4
June 25, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS AFTER-THE-FACT CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Amin Davis and North Carolina
Department of Environment and Natural Resources to fill or otherwise impact 0.15 acres of open water
(lake) in the Roanoke River Basin, associated with the construction of improvements to Area 2 of the
existing Nutbush Bridge facility, including four new concrete boat ramps and three new courtesy docks, at
the Kerr Lake State Recreation Area, located on the north side of SR 1308, Nutbush Road, approximately
1.3 miles northeast of NC 39, north of Henderson, in Vance County, North Carolina, pursuant to an
application dated the 28`s day of April of 2010, and received by the DWQ on April 28, 2010, and by Public
Notice by the U.S. Army Corps of Engineers issued on the 10`h day of May of 2010 (received by DWQ on
May 10, 2010).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
T e of Impact Amount Approved (Units) I Plan Location or Reference
Open Water (lake) 0.15 (acres) Application and Public Notice
Sediment and Erosion Control:
2. 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.
Mr. Amin Davis and North Carolina Department of Environment and Natural Resources
Page 3 of 4
June 25, 2010
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 shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, 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 sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
Continuing Compliance:
5. Mr. Amin Davis and North Carolina Department of Environment and Natural Resources, shall
conduct construction 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. If the Division 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, the Division 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, the Division shall notify Mr. Amin Davis
and North Carolina Department of Environment and Natural Resources and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Amin Davis and North Carolina Department of Environment and Natural Resources
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;
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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. Amin Davis and North Carolina Department of Environment and Natural Resources
Page 4 of 4
June 25, 2010
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 Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file' the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This the 25`h day of June 2010
DIVISION OF AT QUALITY
6ccoleen H. Sullins
3826
CHS/ijm