20110644 Ver 1_Approval Letter_20110810

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2011
Town of Plymouth
Kenneth Creque, Town Manager
PO Box 806
Plymouth NC 27962
Subject Property: Town of Plymouth, Public Docking Facility
Roanoke River [ROA09 23-(53); C, Sw]
DWQ Project # 11-0644
Washington County
Approval of 401 Water Quality Certification (GC 3641) with Additional Conditions
Dear Mr. Creque:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.04 acres of waters from shading and for
the purpose of constructing a 9-slip floating dock facility at the subject property, as
described within your CAMA Major application dated July 1, 2011 and received by the
N.C. Division of Water Quality (DWQ) on July 6, 2011. The impacts described in your
application are covered by General Water Quality Certification Number(s) 3641
(GC3641). This Certification (s) is issued in conjunction with the CAMA Major Permit and
General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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:
Amount Approved
Units Plan Location or
Reference
Stream 0 feet
404/CAMA
Wetlands 0 (acres)
Waters 0.04 acres shading Plan w/ CAMA Major A
Buffers
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.
Sediment and erosion control measures shall be in place to protect wetlands
and waters within and around the project area.
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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. Mechanized Equipment O&M
All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of waters from fuels, lubricants, hydraulic
fluids, or other toxic materials.
5. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums
prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service,
and National Marine Fisheries Service.
6. "Re-Opener" Clause
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.
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 Oversight/Express Review
Permitting 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.
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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 Amy Adams of the
Washington Regional Office at 252-948-3917 or Ian McMillan of the WBSCP Unit at 919-
807-6364.
Sikerel ,
#?1
For Coleen u j ??sfirector
Division of Water Quality
Enclosures: Certificate of Completion
GC 3641
cc: Dennis Hawthorn 1507 Heather Lane Kill Devil Hills 27948
Tracey Wheeler, Corps of Engineers Washington Field Office
DWQ WBSCP Unit
DCM, Doug Huggett, Morehead District Office
DCM, David Moye, Washington District Office
File copy