HomeMy WebLinkAbout19991291 Ver 2_Approval Letter_20100524LF-KWA
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 24, 2010
North Carolina Division of Parks and Recreation
Mr. Amin Davis
Mail Service Center Box 1615
Raleigh NC 27699-1615
Subject Property: Carolina Beach State Park
Natural Resources
Dee Freeman
Secretarv
DWQ Project # 99-1291v2
New Hanover County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis
You have our approval, in accordance with the attached conditions and those listed below, to
expand the existing marina as described within the CAMA application received by the Division
of Water Quality on March 30, 2010. This approval replaces the one issued on May 17, 2010.
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: hup:Hh2o.enr.state.nc.us/ncwetlands/certs.htmi. The Certification allows you to use 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 and
does not authorize any other impacts to waters of the State. 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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
No thCarolina
Phone (910) 796-7215 Customer Servicel -877-623-67. '7 Jr
FAX (910) 350-2004 Internet: h2o.en r. state. nc. us
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Carolina Beach State Park
New Hanover County
1999-1291v2
The Additional Conditions of the Certification are:
1. Moratoriums
Moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
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.
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.
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Carolina Beach State Park
New Hanover County
1999-1291 v2
5. 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 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.
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 Chad Coburn in the DWQ Wilmington Regional Office at 910-796-
7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Jessie O'Neal - DMF Wilmington
Robb Mairs - DCM Wilmington Office
Doug Huggett - DCM Morehead Office
WiRO