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Home My WebLink About20110943 Ver 1_No Written Concurrence_20111117 �r"�� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sulims Dee Freeman Governor Director Secretary November 17 2011 DWQ Pro�ect# 11 0943 New Hanover County Mr Frank Edmonds 5 Boar s Head Lane Suite 100 Charlottesville VA 22903 Sub�ect Property 47 Piper s Neck Road—Figure Eight Island NO WRITTEN CONCURRENCE NEEIDED Dear Mr Edmonds You have our approval in accordance with the attached conditions and those listed below to mstall a new boatlift at an exishng docking facility as described wrthm your application received by DWQ on October 24 2011 After reviewing your application,we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Qualrty Certification Number 3687 (GC3687)are met This certification may also be viewed on our website at http//h2o enr state nc us/ncwetlands This Certification allows you to use the Regional General#197800056 Permrt when issued by the US Army Corps of Engmeers This approval is only valid for the purpose and design that is described m your apphcation If you change your pro�ect you must notify us and you may be required to send us a new applicat�on If the property is sold the new owner must be given a copy of tlus Certification and approval letter and is thereby responsible for complying with all conditions If total wetland fills for this pro�ect (now or m the future) exceed one acre compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) This approval shall expire when the corresponding Nationwide Permrt expires or as otherwise pr v ded m the General Certification For this approval to be valid you must follow the conditions s d m the attached certification and any additional conditions listed below �' � ,� � Conditions of Cerhfication �� '� �� 1 Upon completion of all work approved withm the 401 Wate��ali�.�Certi�at� or applicable Buffer Rules and any subsequent modifications the a��s rec��e to return the attached certificate of completion to the 401/Wetlands Umt Nor�� a Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 `F � � � �� Wilmmgton Regional Office 127 Cardmal Dnve Extension Wiimmgron North Carohna 28405 One Phone 910 796 72151 FAX 910�350 20041 Customer Sernce 1-877-623-6748 NorthCarohna Intemet www ncwaterqua6ty org '/�y��A� c � �,�, m 6� �� 2 Frank Edmonds New Hanover County 2011 0943 If you do not accept any of the conditions of tlus Certification (associated with the approved wetland or stream impacts) you may ask for an ad�udicatory hearing You must act witlun 60 days of the date that you receive this letter To ask for a hearing send a written petition which conforms to Chapter 1 SOB of the North Carolma General Statutes to the Office of Admmistrative Heanngs 6714 Mail Service Center Raleigh N C 27699 6714 This certification and rts condrtions are final and bmding unless you ask for a hearmg Violations of any condition herem set forth may result m 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 m your application and as authorized by tlus Certification shall expire upon expiration of the 404 or CAMA Permit 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 at (919) 807 6300 or myself at our Wilmmgton Regional Office at(910) 796 7215 Sincerely Chad Coburn Semor Environmental Specialist ��t � � ` �< f `�� Enclosures GC 3687 � s � f '�� >,��',� �ia� �� `�, Certificate of Complehon � �: �� ` ��e�.� cc Ed Flynn—F&S Marme Contractors Inc P O Box 8��8� �t vi e each NC 28480 �� Dave Timpy—USACE Wilmington Field Office ` �� Doug Huggett—DCM Morehead City �? ``�,��7�.� Ian McMillan— Wetlands Buffers and Stormwater Compliance an��'�tting Urut WiRO P rta 7 nf 7 Certification of Completion DWQ Pro�ect No County Applicant Pro�ect Name Date of Issuance of Wetland Permit Certificate of Complehon Upon completion of all work approved wrthm the 401 Water Qual�ty Certificat�on and Buffer Rules, and any subsequent mod�ficahons the applicant is required to return this certificate to the 401 Oversight/Express Permittmg Unrt North Carolma Division of Water Qual�ty 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the pro�ect engmeer It is not necessary to send certificates from all of these Applacant's Certificataon I hereby state that to the best of my abilities due care and diligence was used m the observation of the construction such that the construct�on was observed to be built wrthm substantial compliance and mtent of the 401 Water Quality Certificat�on and Buffer Rules the approved plans and specifications and other supporhng materials Signature Date Agent's Certification I hereby state that to the best of my abilities due care and diligence was used m the observation of the construction such that the construchon was observed to be built withm substant�al compliance and mtent of the 401 Water Quality Certification and Buffer Rules,the approved plans and spec�fications and other supportmg materials Signature Date " �� f .�i � /�f If this pro�ect was desagned by a Cerhfied Prof aQn�ul� �`'f� �� F ` I as a duly reg�s�� ,,profesionti�� (i e Engmeer Landscape Archrtect Surveyor etc) m the State of North Carolma ha�r��beet� authar ze � observe (per�odically weekly full time) the construction of the pro�ect for the Perm�ttee hereby state``�tii�t�,tQ tlie�s my ab�lities due care and diligence was used m the observation of the construction such that the constr�c�i �k s o served to be bmlt with�n substantial compliance and mtent of the 401 Water Qua1�Ty Cerhficat�on and Bu�f` the approved plans and specifications and other supportmg materials 4�� ,,. � Signature Registration No Date Water Quality Certification N° 3687 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U S ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 3(MAINTENANCEI, 4 IFISH AND WILDLIFE HARVESTING.ENHANCEMENT.AND ATTRACTION DEVICES AND ACTIVITIESI.51SCIEN7IFlC MEASUREMENT DEVICES-25 CUBIC YARDS FOR WEIRS AND FLUMES►.61SURVEY ACTIVITIES-25 CUBIC YARDS FOR TEMPORARY PADS► 710UTFALL S7RUCTURE3 AND ASSOCIATED INTAKE STRUCTURESI 19JMINOR DREDGINGI.20 IOIL SPILL CLEANUPI.221REMOVAL OF VESSELSI 2513TRUCTURAL DISCHARGE►.30tMOIST SOIL MANAGEMENT FOR WILDLIFEI 321COMPLETED ENFORCEMENT ACTIONS►.36 IBOAT RAMPS fIN NONWETLAND SITESII,AND REGIONAL PERMIT 19T8000561PIERS.DOCKS AND BOATHOUSES) AND REGIONAL PERMIT 1878001251BOAT RAMPSI AND RIPARIAN AREA PROTECTION RULES(BUFFER RULESI Water Quality Certification Number 3687 is issued m conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the Umted States and sub�ect to the North Carolma Division of Water Quality(DWQj Regulations in 15 NCAC 2H Section 0500 and 15 NCAC 26 0200 for the discharge of fill matenaf to waters and wetiand areas which are waters of the United States as descnbed m 33 CFR 330 Appendix A(B)(3 4 5 6 7 19 20 22 25 30 32 and 36)of the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules(Buffer Rules) m 15A NCAC 2B 0200 The State of North Carolina cefifies that the specified category of activity will not violate applicable port�ons of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217 if conducted m accordance with the conditions hereinafter set forth Activitfes meeting any one(1)of the following thresholds or circumstances reqwre wntten approva/for a 401 Water Qual�ty Certification from the Division of Water Quality(the "Division"� a Impacts equal or greater than 40 Imear feet of additional permanent stream impact at an existing stream crossing location or b Temporary or permanent impacts equai to or exceeding one third (1/3)acre of wetlands East of Interstate 95 or one tenth (1/10)of acre of wetlands West of Interstate 95 or c Any impact associated with a Notice of Violation or an enforcement action init�ated by the Division and/or the Division of Land Resources or d Pro�ects with any impacts to streams wetlands and/or wate�s that have received a Notice of Violation from the Division and/or Division of Land Resources or e Any�mpacts to streams and/or buffers in the Neuse T�Pamlico Randleman and Catawba Rrver Basms(or any other basins with Ripari�i�rea Protection Rules [Buffer Rules]in effect at the time of applica )unles�s tE� �t�i�ies are listed as EXEMPT from these Rules- `°`"`°`,��,, �� t`� f F �'� k`�, In accordance with North Carolina General Statute Section 1�3� �';�D{e) wnt��i�ppraval for a 401 Water Quahty General Certification must include the appropr� �`� 'If,�a proJect�' ��, requires a CAMA Permit then one payment to both agencies shall b �ted�nd wi 1 t�e � higher of the two fees 7 ��'� ��`" �'� �^� � � Activities included in this General Certification and below the thresholds lis � �� not require w�itten approvai from the Division of Water Quality as long as they c � the Conditions ot CertNication listed below If any of these Conditions cannot be mef� wrttten approval from the Dlvision is requfred f�' Water Qualiry Cert�fication No 3687 � Water Quality Certification N° 3687 Conditions of Certification 1 No Impacts Beyond Those Authonzed for this General Certification No waste spod solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the threshotds established for use of this General Cert�ficat�on or beyond the footpnnt of the impacts authorized in the written approval mcludmg incidental impacts Atl construction activities inciudmg the design installation operation and mamtenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards statutes or rutes occur 2 Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specificadons goverrnng the proper design installation and operation and maintenance of such Best Management Practices a Design mstallation 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 Carol►na Sediment and Erosion Control Manual The devices shall be mainta�ned on all construct�on sites borrow sites and waste pde(spoil) pro�ects includmg contractor owned or leased borrow pits associated with the pro�ect b For borrow p�t sites the erosion and sediment control measures must be designed mstalled operated and mamtained m accordance with the most recent version of the North Carolma Surface Minmg Manual c Reclamation measures and implementation must comply with the reciamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971 d Sufficient materials required for stabdization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times except for publicly funded tmear transportation pro�ects when matenals can be accessed offsite m a timely manner e if the pro�ect occurs in waters or watersheds classified as Primary Nursery Areas(PNAs) Trout(Tr) SA WS I WS II High Quality(HQW) or Outstanding Resource(ORW) waters then the sediment and erosion control requirements contained withm Design Standards rn Sens�t�ve Watersheds(15A NCAC 046 0124)supercede all other sediment and erosion control requirements 3 No Sediment and Erosion Control Measures m Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters outs�de of the permitted impact areas without pnor approval from the Division If ptacement of sediment and erosion control devices in wetlands and waters is unavoidable then the design and placement of temporary erosion controt measures shall not be conducted in a manner that may result in dis-equdibnum of wetlands or st�eam beds or banks ad�acent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored withm two(2) months of the date that the Division of Land Resources or locally delegated program has released the project 4 Construction Stormwater Perm�t NCG010000 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(NCG010000)admirnstered by the Dwision is automaticaily issued to the pro�ect Th�s General Perm�t allows stormwater to be discharged durmg land disturbing construction acbwt�es as stipulated by conditions in the permit If the Water Quahty Certificat�on No 3687 2 Water Quality Certification N° 3687 activity is covered by this permit[applicabie to conslruction pro�ects that disturb one(1)or more acres) full compliance with permit conditions including the sedimentation control plan self morntonng record keeping and reportmg requirements are required A copy of this permit and morntoring report forms may be found at httv//h2o enr state nc us✓su/Forms Documents htm NCDOT shall be required to be in full compiiance with the conditions related to construction act►vities within the most recent version of their mdividual NPDES(NCS000250)stormwater permit 5 Work in the Dry All work in or ad�acent to stream waters shall be conducted in a dry work area Approved best management pracbces from the most current version of the NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance Activities Manuai such as sandbags rock berms cofferdams and other diversion structures shall be used to mirnmize excavation in flowing water Exceptions to th�s condition requ�re submittal to and approval by the Dwision 6 Construction Moratonums and Coordmation If activities must occur during periods of high biologicai activity(i e sea turtie or bird nesting) then biological momtoring may be required at the request of other state or federal agencies and coordinated with these act�v�ties This condition can be waived through wntten concurrence on a case by case basis upon reasonable�ustification All moratorwms on construction activities established by the NC Wddlife Resources Commission(WRC) US Fish and Wddlife Sernce(USFWS) NC Division of Manne Fisheries (DMF) or National Manne Fisheries Service(NMFS)to protect trout anadromous flsh iarvaUpost larval fishes and crustaceans or other aquatic species of concern shall be obeyed This condition can be waived through wntten concurrence on a case by case basis upon reasonable�ustification Work withm the twenty five(25)designated trout counties or identified state or federal endangered or threatened species habitat shall be coordmated with the appropnate WRC USFWS NMFS personnel 7 Ripanan Area Protection Rules(Buffer Rules) Acbvities located m the prvtected 50 foot wide nparian areas(whether�urisdictional wetlands or not)within the Neuse Tar Pamlico Randleman Catawba(or any other basm with buffer rules) shall be limited to uses identified within and constructed in accordance with 15A NCAC 2B 0233 0259 0250 and 0243 and shall be located designed constructed and maintained to have mmimal disturbance to protect water qual�ty to the maximum extent practicable through the use of best management practices All npanan area protection rule requirements inctudmg diffuse flow reqwrements must be met 8 Water Supply Watershed Buffers The 100 foot wide(high density development)or the 30 foot wide vegetative buffer(all other development)must be maintained ad�acent to a�l perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules[15A NCAC 2B 0212 through 0215j Water Qual�ty Cert�ficat�on No 3687 3 Water Quality Certification N° 3687 9 Placement of Culverts and Other Structures m Waters and Wetlands The application must mclude construction plans with cross sectional detads m order to indicate that the current stabdity of the stream will be maintained or enhanced (i e not result m head cuts) Culverts required for this pro�ect shall be designed and installed in such a manner that the original stream proflles are not altered and ailow for aquatic life movement durmg low ftows Existmg stream dimensions(mcludmg the cross section dimens�ons pattem and longitudinal profile)must be maintamed above and below locations of each culvert Placement of culverts and other structures m waters streams and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 mches and 20 percent of the culvert d�ameter for culverts having a diameter less than 48 inches to allow low flow passage of water and aquatic life unless otherwise�ustified and approved by the D�vision Instailation of culverts�n wetlands must ensure contmuity of water movement and be designed to adequately accommodate high water or flood conditions Additionally when roadways causeways or other fill pro�ects are constructed across FEMA designated floodways or wetlands opernngs such as culverts or bridges must be provided to maintam the natural hydrology of the system as well as prevent constrict�on of the floodway that may result�n destabdization of streams or wetlands Any np rap required for normal pipe burial and stabilization shall be buried such that the original stream elevation is restored and mamtained The establishment of nat�ve woody vegetation and other soft stream bank stabdization techrnques must be used where practicable instead of rip rap or other bank hardernng methods 10 If concrete is used dunng the construction then a dry work area should be mamtained to prevent direct contact between curmg concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills 11 Appticatrons for nprap groins proposed �n accordance with 75A NCAC 07H 1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuanne and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H 1405 12 Temporary Fdls and/or Access Roads All temporary fill and cuiverts shalt be removed and the impacted area returned to the origmal grade �ncludmg each stream s onginal cross sectional dimensions plan form pattern and longitudinal bed and bed profile after construction is complete or withm two(2) months of the estab�ishment of the crossing which ever is sooner and the various sites shall be stabdized w�th natural woody vegetation (except for the maintenance areas of permanent utdity crossmgs)and restored to prevent erosion If the crossmgs are not completely removed and restored as described above withm the specified time above then written approval from the Division must be obtained to modify this condition Water Qual�ty Certificat�on No 3687 4 Water Quality Certification N° 3687 13 For activities reqwrmg written approval additional site specific conditions may be added to the approval tetter in order to ensure compliance with all app{�cable water quality and effluent standards 14 Certificate of Complet�on When written authorization is required for use of this certification upon completion of ail permitted impacts mcluded within the approval and any subsequent modifications the applicant shall be required to return the certificate of compleUon attached to the approval One copy of the certificate shall be sent to the DWQ Central O�ce m Raleigh at 1650 Mad Seroice Center Rale�gh NC 27699 1650 15 If an environmental document is reqwred under NEPA o�SEPA then this General Certification is not val�d untd a Fmdmg of No Significant Impact(FONSI)or Record of Decision (ROD)is issued by the State Clearmghouse 16 Th�s General Certification shall expire three(3)years from the date of issuance of the wntten approval or on the same day as the expiration date of these correspondmg Nationwide and Regional General Permits In accordance with General Statute 136-44 76 certifications issued to the NCDOT shall expire oniy upon expiration of the federal 404 Permit The conditions m effect on the date of►ssuance of Certification for a specific pro�ect shall remam in effect for the life of the pro�ect regardless of the expirat�on date of this Certification If the construction process for approved activities wdl overlap the expiration and renewal date of the coResponding 404 Permd and the Corps allows for continued use of the 404 Permit then the General Certification shall also remain m effect without requiring re application and re approval to use this Certification for the specific impacts already approved 17 The applicanUpermittee and the�r authorized agents shall conduct all activities m 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 Drv�sion determines that such standards or laws are not being met including failure to sustam a designated or ach�eved use or that State or Federal faw is bemg violated or that further conditions are necessary to assure compliance then the Division may reevaluate and modify this General Water Quality Certification Non compliance with or violation of the conditions herem set forth by a specific fill pro�ect shall result m�evocation of this General Certification for the pro�ect and may result in cnmmal and/or civil penaft�es The Director of the North Carolina Division of Water Gluality may reqwre submission of a formal application for Individual Certification for any pro�ect in this category of activity if it is determmed that the pro�ect is likely to have a sigrnficant adverse effect upon water quality mciudmg state or federally listed endangered or threatened aquatic species or degrade the waters so that existmg uses of the wetland or downstream waters are precluded Pubiic heanngs may be held for specific applications or group of appiications prior to a Certification decision if deemed m the public s best interest by the Director of the North Carolina Division of Water�uality Water Quality Cert�ficat�on No 3687 5 Water Quality Certification N° 3687 Effective date November 1 2007 DIVISION OF WATER QUALITY By Coleen H Sulim Director History Note Water Quality Certificat�on Number 3687 replaces Water Quahty Certificafion Number 3376 issued on March 18 2002 Water Qual►ty Cert�fication Number 3494 issued December 31 2004 and Water Quality Certrfication Number 3624 issued March 2007 This General Cert�cahon is resanded when the Corps of Engrneers re-authonzes any of these Nat�onw►de or Reg►onal Permits or when deemed appropnate by the Director of the Division of Water Qual►ty Water Qual�ty Cert�ficaUOn No 3687 6