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Home My WebLink About20120256 Ver 1_Approval Letter_20120423r Irrrr� arrr�rr► NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary April 23, 2012 Mr. & Mrs. Bryan & Susie Perry Post Office Box 25 Frisco, NC 27936 DWQ Project # 12 -0256 Dare County Subject Property: Frisco Shopping Center, NC Hwy. 12 Pasquotank River Basin, Pamlico Sound (PAS 56, 30 -22; SA, HQW) Approval of 401 Water Quality Certification (GC# 3641) with Additional Conditions Dear Mr. & Mrs. Perry: You have our approval, in accordance with the attached conditions and those listed below to impact 540 square feet of water by dredge, 8,065 square feet of fill, and 297 square feet of shading, for the proposed construction of 9 -boat slips, boat ramp, and 418 linear feet of bulkhead, as described within your application dated March 8, 2012 and received by the N.C. Division of Water Quality (DWQ) on March 12, 2012. After reviewing your application we have decided that the impacts are covered by General Water Quality OCertification Number(s) 3641 (GC3641). This Certification(s) is issued inconjuction with the US Army Corps of Engineers (USACE) General Permit(s) 198000291 and your CAMA Major Permit. 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, and 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 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 214.0506 (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: North Carolina Division of Water Quality Internet: www.ncwatergLIaliLy.org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252 - 946 -9215 NorthCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10 %a Post Consumer Paper ;Vaturally Page 2 of 4 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. 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. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands Waters 0.185 (acres) fill 0.0068 (acres) shading 0.0123 acres dredge Plan Sheet 11 -010 Buffers (square ft.) 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. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. Page 3 of 4 5. 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. 6. 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. 7. 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. 8. "Re- opener" Clause Mr. & Mrs. Perry and their authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. The Perry's shall require its contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWQ determines that such standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H .0507(d). Before modifying the certification, DWQ shall notify the Division of Coastal Management and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H .0504. Any new or revised conditions shall be provided to the permittee in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Work Moratoriums 9. The permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. 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. Page 4 of 4 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 Roberto Scheller of the Washington Regional Office at 252- 948 -3940 or Ian McMillan of the 401 Oversight /Express Unit at 919 -807- 63 64. Since ely, / I For C arles a k i d, P.E. Enclosures: Certificate of Completion GC 3641 cc: George Wood, Environmental Professionals, Inc. 401 Oversight/Express Permitting Unit USACE, Washington Regulatory Field Office Doug Huggett, CAMA, Morehead City John Cece, LAMA, Elizabeth City File Copy