HomeMy WebLinkAbout20120027 Ver 1_Approval Letter_20120117FWA
HC®EHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
P H
t14 �F n � P r" � ��nuary 17 2012 DWQ Project # 2012 0027
�\ Onslow County
William A Smith
3657 NC 11/903 N
Albertson NC 28508
Subject Property 40164 1h Street, Surf City
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Smith
You have our approval in accordance with the attached conditions and those listed below to construct a
boat ramp bulkhead pier dock and boathouse and to dredge 950 sq ft of open water as described in your
CAMA application dated January 9 2012 and received by the Division of Water Quality (DWQ) in the
Wilmington Regional Office (WiRO) on January 9 2012 After reviewing your application we have
decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642)
This Certification allows you to use the 404 permit when issued by the US Army Corps of Engineers and
the CAMA Mayor 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 The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the permit
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
1617 Mad Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Ralegh North Carolina 27604
Phone 919.807 -63001 FAX 919.807 -6492
Internet www nowateroualrty ona
An Equal Opportunity 1 Affirmative Acton Employer
NorthCarohna
AMAM11111
William A Smith
DWQ Project # 2012 0027
January 17 2012
Page 2 of 4
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
2 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
3 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 s hall be used as appropriate Please notify this
Office if any turbidity issues arise at 910 796 7215
4 Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil shall not be allowed (if at all practicable) to drain to
open shellfish waters as this will cause a temporary closure If you have concerns with this
please contact NC Shellfish Sanitation and Recreational Water Quality Section at 252 808 8149
5 Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC) US Fish and Wildlife Service (USFWS) NC Division of Marine Fisheries (DMF) or
National Marine Fisheries Service (NMFS) to lessen impacts on trout anadromous fish
larval/post larval fishes and crustaceans or other aquatic species of concern shall be
implemented Exceptions to this require written concurrence from the applicable individual
agency and notification to the Division of Water Quality
Amount Approved Units
Plan Location or Reference
Open Waters /Shallow Bottom
(dredged)
0 022 acres 950 sq ft)
Sheet 2 of 3
Drawing attached
Open Waters /Shallow Bottom
filled
0 0055 acres 240 sq ft
Sheet 1 of 2
Drawing Attached
Coastal wetlands (dredged)
0 002 acres (96 sq ft)N /A
Sheet 2 of 3
Drawing att ached
404/401 wetlands
N/A
2 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
3 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 s hall be used as appropriate Please notify this
Office if any turbidity issues arise at 910 796 7215
4 Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil shall not be allowed (if at all practicable) to drain to
open shellfish waters as this will cause a temporary closure If you have concerns with this
please contact NC Shellfish Sanitation and Recreational Water Quality Section at 252 808 8149
5 Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC) US Fish and Wildlife Service (USFWS) NC Division of Marine Fisheries (DMF) or
National Marine Fisheries Service (NMFS) to lessen impacts on trout anadromous fish
larval/post larval fishes and crustaceans or other aquatic species of concern shall be
implemented Exceptions to this require written concurrence from the applicable individual
agency and notification to the Division of Water Quality
William A Smith
DWQ Project # 2012 0027
January 17 2012
Page 3 of 4
6 No Impacts Beyond those in Application
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
7 This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit The conditions in effect on the date of issuance of the
Certification for a specific protect shall remain in effect for the life of the project regardless of
the expiration of this Certification
The applicant/permitee 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 than the Division may
reevaluate and modify this General Water Quality Certification
9 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 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
William A Smith
DWQ Project # 2012 0027
January 17 2012
Page 4 of 4
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 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 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7215
Sincerely
4 Charles Wakild P E
Division of Water Quality
Attachments
Enclosures GC 3642
Certificate of Completion
cc Chad Kimes — Chad Kimes PE Consultant
David Timpy USACE Wilmington Regulatory Field Office
Ian McMillan DWQ 401 Unit
Doug Huggett DCM Morehead City
Jason Dail DCM Wilmington
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NOTTOSCALE NCHWY210
VICINITY SKETCH
PROPOSED DREDGING AREA
EXISTING BULKHEAD
BOAT RAMP
LEGEIITD
r
NIS NEW SET IRON STAKE
EIS EXISTING IRON STAKE
EIP EXISTING IRONPIPE
RI W RIGHT OF WAY
EPK EXISTING PKNAIL
NPK NEW SETPKNAIL
DB DEED BOOK
MB MAPBOOK
NIF NOW OR FORMERLY
JE PROPERTYLINE
- — --LINES NOT SURVEYED
NHW NORMAL HIGH WATER
NLW NORMAL LOW WATER
CWB COASTAL WETLAND BOUNDARY
NIFRUBEN W CARTER
DB 1859 PG 668
MB 11 PG 032
RIW- - -- - -- - --
NOTES
I NHW (NORMAL HIGH WATER)
AND WETLAND BOUNDARY
DELINEA TED BY JASON DAIL
REPRESENA77VEFOR CAMA
2 ELEVA TONS WERE OBTAINED
USING SURVEY GRADE GPS
EQUIPMENT AND ARE BASED
ON NC GRID (NAD 83 2007
ADJUSTMENT)
i
CANAL
Iw
I�
i
I�i
PROPOSED 5 X 30 WALKWAY_
I &l0 X10 DOCK
PROPOSED 14 X 25
COVEREDBOATHOUSE
i w / LLrr
I
EL 7
S 28°45 00 E
.' 47H RREET 60' R/W &6 89
i
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I � NLW EL
f
140
-, / -NHWEL 010
PROPOSED 12 X 20
BOAT RAMP
PROPOSED 12 X 10
CONCRETE DRIVE I
ABOVE NHW
PROPOSED SPOIL
BACKF L
%l- ■
4�a
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IN
No
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PROPOSED SPOIL
BACK
D"DGING & SPOR BACKFUL
PL"S ffET
20 0 20 40
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y
a SAL 9r-
0 106
Danan Chad K:mes P�ij�ll l �l I,\\\
104 Newton Rd 121 q
Hampstead NC 28443
(910) 470 -4494
This is to ca* that this map was prepared
from an achral survey That the ratio of
woasron as calculated is 1
That their are to enmachmertts unless
shown and That dus map is true and corrxt
to the best of my knowle4c and behef
6=2
James Zepeda PLS L 36$2
210 Futrell Rd stir
Richlands NC 28574 ti7�,,�
(910) 3244752 q 8 • `
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CLIENTS NAAND ADDRES
WILLIAMAARON SMITH
4016 4th STREET
SURF CITY, NC 28445
STUMP SOUND TOWNSHIP ONSLOW COUNTY
DATE 1210912011 SCALE I = 20
SHEET 2 OF3
FILE AARONSPOILPLACEMENT