HomeMy WebLinkAbout20110141 Ver 1_Approval Letter_20110307NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Subject Property: Atlantic Veneer Dry Stack Marina and Associated Amenities, Beaufort
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Weygoldt:
You have our approval, in accordance with the attached conditions and those listed below, to construct a
drystack storage facility, pier with floating docks, a pedestrian pier, a fueling platform, a concrete
loading zone and bulkhead extension, as described within your CAMA application dated February 9,
2011 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on
February 14, 2011. 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://portal.ncdenr.org/web/wq/swp/ws/401/certsand ermits/gcs. This certification 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 and associated
revisions. 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: w v-.ncwaterqualityor-q
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
One
rth Carolina
No
Customer Service 1-877-623-6748
Page Two
Moehring Group Holding, LP
Attn: Christian Weygoldt
DWQ Project # 11 0141
March 7, 2011
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
401/404 Wetlands
filled
0.005 acres (220 s ft)
Sheet 8 of 9 (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. 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.
Page Three
Moehring Group Holding, LP
Attn: Christian Weygoldt
DWQ Project # 11 0141
March 7, 2011
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Please notify DWO ifANY turbidity issues arise during this project
5. 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.
6. 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.
7. 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 hitp: 11h2o. enr. state. nc. us/su/Form c Documents hhn.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbance.
Page Four
Moehring Group Holding, LP
Attn: Christian Weygoldt
DWQ Project # 11 0141
March 7, 2011
9. Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA
approved Spill Prevention Control and Countermeasure (SPCC) plan to this Office before the
fueling facilities are constructed.
10. "Re-opener" Clause
Moehring Group Holding, LP and its authorized agents shall conduct their 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. Moehring Group Holding, LP shall require its contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its 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 Moehring Group Holding, LP
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 Moehring Group Holding, LP 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.
11. 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.
Page Five
Moehring Group Holding, LP
Attn: Christian Weygoldt
DWQ Project # 11 0141
March 7, 2011
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
919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Kathy Vinson - Coastal Planning Services, Inc.
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO
0900-SZ£ (OL6) =XVd - 9000-9Z£ (OL6) :3NOHd
6£SOZ 'O'N '1a3anH ',AVM WOC133UA £-LL8£
'3'd 'aa4eM4sa. =l •-d u40C .3'd 'wosMaN .>I pine(]
s.iaauibu3 6ui4lnsuo:) je4uawuOainu3 pue Iini:)
SSSZ-:) 'oN asua:)i-
dd '6uoaaaui6u:l 4420:) 1elsA i:)
ALly 7.10arn Sag 10 UAOIL
J-AT `,'luno.9 ?aaa?.rs,??..drrrsIIeto,L laojnuag
o
co
a7
4
a fsaols ;Rog -rotes XlQ 0117T
o
o -
o
asnoga.&A ffui7srsg doraaapag :O,L N ; 00
d7 `PulPrOH dnoag a^ararraoH co
:.rod IIor?garrddy? ?rcazad i?Y?'? W- w W
(pa?.r8ru,?) g suonzpU03 pasodoad o a
O
O? -c
iz
? ??3 ` aei o
O
N ? N N l
l
O U
O U ?
q)
O lz q) -h? GOi
q) 0) O q) 0
Q O2CtW?Q