HomeMy WebLinkAbout20120026 Ver 1_Approval Letter_20120227e
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
February 27 2012
Brunswick County
DWQ Project # 12 0026
North Carolina Division of Marine Fisheries
c/o Mr Harry C Hardy
c/o Mr James J Francesconi
P O Box 769
Morehead NC 284557 0769
Subject Property AR 430 (Artificial Reef)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs Hardy & Francesconi
You have our approval in accordance with the attached conditions to impact 18 acres of open waters to construct an
artificial reef approximately 2 68 miles south of Oak Island as described in your application received by the N C
Division of Water Quality (DWQ) on January 10 2012 After reviewing your application we have decided that the
impacts are covered by General Water Quality Certification Number 3642 (GC 3642) This Certification can also be
found on line at http //h2o enr state nc us /ncwetlands /certs html This Certification allows you to use the Regional
General Permit #198000291 (GP 291) when issued by the U S Army Corps of Engineers and the CAMA 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 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 adjgeneral conditions of this
Certification (or Isolated Wetland Permit) are met No other imps are approved ic%luding incidental
impacts Al " " -,-, 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�Iy�
footprint of the impacts depicted in the CAMA Major application All construction activities including the
1617 Mall Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 919 - 807 -64921 Customer Service 1877-623-6748
Internet www ncwatefnuality orcl
An Equal Opportunity 1 Affirmative Action Employer
Amount Approved (Units)
Plan Loeatlon or /Feference yy 4 ,yt Af
L.Qpen Waters
1 18 acres
Page 2 DCM Fief' t Vesti tion Re ort P5 i?
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�Iy�
footprint of the impacts depicted in the CAMA Major application All construction activities including the
1617 Mall Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 919 - 807 -64921 Customer Service 1877-623-6748
Internet www ncwatefnuality orcl
An Equal Opportunity 1 Affirmative Action Employer
2
NC Division of Marine Fisheries
AR-430
2012 0026
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 No Impacts Beyond Those Approved
No waste spoil solids or fill of any kind shall occur m wetlands waters or riparian areas beyond the
footprint of the impacts depicted in the 404 /401Permit 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
4 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 herem set forth may result in revocation of this Certification and may result m 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 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 Ian McMillan in the Central Office in Raleigh at 919 807 6301 or Chad Coburn in the DWQ
Wilmington Regional Office at 910 796 7215
Sincerely
C le Wakild P E Director
Drvi n of Water Quality
-w
r �
Enclosures GC 3642 ` r I
Certificate of Completion
cc Doug Huggett — DCM Morehead City
Debbie Wilson — DCM Wilmington' E
Dave Tunpy — USACE Wilmington Field Office}
Ian McMillan — Wetlands Buffers and Stormwater Compliance and Permitting Unit
W iRO
Certification of Completion
DWQ Project No
Applicant
Project Name
Date of Issuance of Wetland Permit
County
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Cerhfication and Buffer Rules, and any
subsequent modifications the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit
North Carolina Division of Water Quality 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 project engineer It is not necessary to send
certificates from all of these
Applicant's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules the approved plans and specifications
Signature Date
Agent's Certification
I hereby state that to the best of my abilities due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications
and other supporting materials
Signature Date
_T
If this project was designed by a Certified Professional"
� -��
I as a duly registered Professional , ` r8k1r i� (i a Engineer
Landscape Architect Surveyor etc ) in the State of North Carolina having been authorized Wobserve (periodically
weekly full time) the construction of the project for the Permittee hereby state that to the best of my abilities due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications and other supporting materials
Signature Registration No Date
WQC #3642
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS
198000291,198000048 ,198700056,197800080,197800125. and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3,12, 14, 18, 27, 29, 33, 35, 39, and 43, WHEN APPLIED
TO CAMA PERMITS, AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401 Public
Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H Section 0500 and 15 NCAC 2B 0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 213 0200 This Certification replaces Water Quality Certification
Number 3025 issued on September 6 1995 Water Quality Certification Number 3112 issued on
February 11 1997 Water Quality Certification Number 3274 issued June 1 2000 and Water
Quality Certification Number 3371 issued March 18 2002 and WQC Number 3400 issued March
18 2002 This WQC is rescinded when the Corps of Engineers re authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95-217
if conducted in accordance with conditions hereinafter set forth
Conditions of Certification
1 Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification
2 Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification
3 In accordance with North Carolina General Statute Section X143 215 3D(e),,any
request for written concurrence for a 4$1 Water Quality Certifcat or�ri4,sm ioclude the
appropriate fee If a protect also requires7a CAMAA Permit 1 one payment to both
agencies shall be submitted and will be the higherlof`the two fees She fee shall be
collected and distributed between the two agencies in accordance vino► agfeemepts
reached between the Division of Water Quality and the Division of Ccast�li�
Management 3 i 1 - r'
4 In accordance with 15A NCAC 2H 0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and /or one acre or more of
wetlands In addition buffer mitigation may be required for any protect with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as allowable with mitigation within the Table of Uses section of the
Buffer Rules or require a variance under the Buffer Rules A determination of buffer
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols When compensatory mitigation is required for a protect the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur The mitigation plan must be implemented and /or constructed
before any permanent budding or structure on site is occupied In the case of public
WQC #3642
road projects the mitigation plan must be implemented before the road is opened to
the travelling public
5 Compensatory stream mitigation shall be required at a 1 1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW HQW Tr WS I and WS II unless the project is a linear publicly
funded transportation project which has a 150 foot per stream impact allowance
6 Impacts to any stream length in the Neuse and Tar Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 2B 0200 New development activities located in the protected 50 foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar
Pamlico River Basins shall be limited to uses identified within and constructed in
accordance with 15A NCAC 2B 0200 All new development shall be located
designed constructed and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices Activities listed as exempt from these rules do not need to apply for
written concurrence under this Certification
7 All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project
8 If an environmental document is required this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse
9 That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard
10 Measures shall betaken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened
11 Additional site specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards
12 When written concurrence is required the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed
13 Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291 whichever is
sooner
Non compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and /or civil
penalties
2
WQC #3642
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality
Effective date 19 March 2007
DIVISION OF WATER QUALITY
By
Aw-,- `
Alan W Klimek
Director
WQC # 3642