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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 W iRO SadrM�� Ddw�Ws rcl �••• +• ++ e'N MWE (016) POMP (0 16) ,���a j�'4►` KM ON spunl Fly £MZ ON pnatsdumH Q� paill d 01Z py u01AWN P01 Edo t L3S = '7► Z' 79 d np�Z -v�l' Z� 7d SPUUX pnU uQ OZ = 137YOS llOZ16OIZI .9,LVa = Z r--- \ ��l,J► a-d1 ����i�� ALLNDOO M079NO dlHSNMOS aN20S dMUS Z, ; , N f- Sf'BZ ON AID ME s & a E o lLLDYSN0YffNVI77L4 �3°�'t' m"�" '6 �O �o seu►sa ��i �SS3�0 k\�Z 3oogwacpML bAMSF ,W-=4 �i�0��� 99YQQV aMV MVN SINgIVI mndaa Mbavw s,°mp moo° m gqL of oz 0 oz - A AIV7c[ 1 e (.LN.�IGLS12/'ab' I LOOZ £8 aN amo ON NO a3sV8 3xV aNV ,lN3iKarr2a3 A -lM,09 I RWS LtLP -1 SdO 3aVY0.A3AYDS JNISl1 68 98 a.7NIV190 3 SN01 W73 Z i 3 00 Sr oBZ S I Y"D god liLLVNdSgyd3?I 71VCT NOS VI A a3l VA973a oa xyva og aNV713M aNV ° o (YY..LVA HDIH7VMOAOMHN I 1 °o sasoAl MOOS�o8ZN - - - - -- M/3 3,L38JIG00 1 0 SDOLI Xdd � � z !J ti 1 ``3 a � O I � 1 1 0 1 1 0, UO Od II 9N 1 899 Od 6§91 Sa 1 0`". ° o ?13L?IVOM N3Sl2XdlN 1 a �' bl d?IVaM0SQN JJM 7V.1SV00 9M0 I o X31 VM A07 7VMON A 7 Y91 M HOW 7VNYON AWN ° MU34 X/2sION smw- — — - ° .7I1I1'I.I.L 2IddO2ld �T 1 d7 Uff0d Y0 Al ON JIN I 1009dVIK M XooBaya 8a i aV3R=ff 71VArYd'J A MIN XdN av9lD ff (T9SOdOXd �SOdOYd All�dS 7IVNNJ DMl SLX3 Xd3 .LV SIMHN AVM JOIHDIY M/Y dVALMM IS 8Z 3dld NOR otalsM d13 MHX JA09V 0071 .UV,LSNOW ON USM SL7 3AI?Ia3jWN00 �-� 3XV.LSNOXI,L9syft I SN ° 0 01 X ZI a3sOdOXd ,� y92r I � (YD37 07-1 � � 11C o OZX 'I a3SOd021d � I dWVXdV09 Gf S Sl3 I�� f o z � I addHJl'7l29 Onrrssrx.� 1 aysodomi cou , ,s 01073MHN� I - I MZK � Of 173M7N JX7 /A MMS AIINI�IA � � I 3snoHS doa aYardeo� I 1 9z 6I aSSOdOXd i OIZAAHJN 37YOSOL LON 'b I Nwa 01 X of F I A VALJIMB Of X S CISOdOXd I �s 10����� I � 7VNV0 � s s� � sI ,T 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 I I� I I� I� I I 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 ^tao IN No Ql� PROPOSED SPOIL BACK D"DGING & SPOR BACKFUL PL"S ffET 20 0 20 40 \ \)'CAROB =O oFESS /0 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 • ` U Cy-1 v 0 t t t 1 1 t3 t� A t t t 1 t I t 1 t t I 1 t t 3 x 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