20100441 Ver 2_Approval Letter_20110513

A, 3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 13, 2011
DWQ Project # 10 0441, Ver. 2
Dare, Hyde, Beaufort, Pamlico, Carteret, Onslow, Pender and Brunswick Counties
Mr. Craig Hardy
NC Division of Marine Fisheries - Resource Enhancement Section
3441 Arendell Street
Morehead City, NC 28557
Subject Property: Division of Marine Fisheries - Shellfish Rehabilitation Program Cultch Planting
NC Estuarine Waters (SA) - 80 Statewide Proposed Areas
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hardy:
You have our approval, in accordance with the attached conditions and those listed below, to place cultch within
or otherwise impact 100 acres of estuarine open water (coastal sounds, bays and rivers) with approximately
275,000 bushels of cultch material (oyster shells and limestone marl), as described within your 401 Pre-
construction (PCN) application dated March 21, 2011 received by the NC Division of Water Quality (DWQ) on
March 29, 2011. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number 3689 (GC 3689). This Certification allows you to use the
Nationwide Permit 27 (NW 27) when issued by the US Army Corps of Engineers (USAGE). 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 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:
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:
Wilmington Regional Office ta
127 C
ardinal Drive Extension Wilmington, NC 28405 CarOlllla
Phone: [phone] / FAX: [phone] urall?
Internet: www.ncwaterauality.orq L
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
Amount Approved (Units) Plan Location or Reference
Coastal wetlands N/A
Estaurine Open Waters NC Division of Marine Fisheries
(coastal Sounds, bays and Not to exceed 100.0 acres Proposed Cultch Planting Sites for
rivers) 2011 Maps 1-6 (in file
2. Sedimentation and Erosion Control
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 Pre-Construction Notification. 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. Cultch Planting Locations
To submit an accounting spreadsheet/record of the exact locations of the acreage planted and amounts and
types of cultch planted to determine if the project is in compliance with this certification
5. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in
15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains shall be used if appropriate. Please notify the DWQ in the Wilmington
Office at 910.796.7215 or in the Washington Regional Office at 252.946.6481 if any turbidity issues
arise in their corresponding regions.
6. No Sediment and Erosion Control Measures in Wetlands and 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 or locally delegated program has released
the project.
7. 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 Permit.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) 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 thirty (30) 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 8:00 am and 5:00 pm, 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)-733-3478
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
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.
Sincerely,
k4
2
Coleen H. Sullins
Division of Water Quality
Enclosures: GC 3689
Certificate of Completion
cc: Roberto Scheller, DWQ Washington Regional Office
Joanne Steenhuis, DWQ Wilmington Regional Office
David Timpy, USACE Wilmington Regulatory Field Office
Tracy Wheeler, USACE Washington Regulatory Field Office
Dan Sams, DLR Wilmington Regional Office
Pat McClain, DLR Washington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Filename: 100441 Ver2DMFShelifishRehabProgCultchPlanting(Dare,Hyde,Pamlico,Carteret,Onslow,NewHanover,Brunswick)401