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Home My WebLink About20120343 Ver 1_Approval Letter_20120507Beverly Eaves Perdue Governor !I Division of Water Quality Charles Wakild P E Director May 7 2012 Dee Freeman Secretary T 0) ect # 2012 0343 � � S M 0t7ounty UNC Chapel Hill Institute of Marine enc Attn Dr Neils Lindquist Q 3431 Arendell Street A PERNT Morehead City NC 28557 Subject Property Construction of 104 Oyster Reefs for Research, Carteret County Approval of 401 Water Quality Certification with Additional Conditions Dear Dr Lindquist You have our approval in accordance with the attached conditions and those listed below to construct 104 oyster reefs as described in your CAMA application dated April 2 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 9 2012 After reviewing your application we have decided that the )impacts are covered by General Water Quality Certification Number 3900 (GC 3900) This Certification allows you to use the 404 permit when issued by the US Army Corps of Engineers and the CAMA Major 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 1601 Mall Service Center Raleigh North Carolina 276991601 Phone 919 707 -86001 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer 50/ Recycled 110/ Post Consumer Paper NorthCarohna Natyralik UNC Chapel Hill Institute of Marine Sciences Attn Dr Neils Lindquist DWQ Project # 2012 0343 May 7 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 2B 0200 Please notify this Office if any turbidity issues arise at 910 796 7215 Monitoring 4 The locations of the oyster reefs needs to be located on a map (similar to the photos included with the application) and submitted to the DWQ Regional and Central Offices within 6 months after the shells are placed 5 Equipment All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocarbon or chemical spill the permrtee /contractor shall immediately contact the Division of Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at 910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG National Response center at 1 800 424 8802 Amount Approved (Units) Plan Location or Reference Open Waters filled N/A Shallow Bottom Fill (oyster reef) 7320 182 sq ft 0 168 ac Aerials attached Coastal wetlands N/A 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 2B 0200 Please notify this Office if any turbidity issues arise at 910 796 7215 Monitoring 4 The locations of the oyster reefs needs to be located on a map (similar to the photos included with the application) and submitted to the DWQ Regional and Central Offices within 6 months after the shells are placed 5 Equipment All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocarbon or chemical spill the permrtee /contractor shall immediately contact the Division of Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at 910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG National Response center at 1 800 424 8802 UNC Chapel Hill Institute of Marine Sciences Attn Dr Neils Lindquist DWQ Project # 2012 0343 May 7 2012 Page 3 of 4 6 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 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 UNC Chapel Hill Institute of Marine Sciences Attn Dr Neils Lindquist DWQ Project # 2012 0343 May 7 2012 Page 4 of 4 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 6;� eja cyz- L Charles Wakild P E Director Division of Water Quality Attachments Enclosures GC 3900 Certificate of Completion cc David Timpy USACE Wilmington Regulatory Field Office Ian McMillan DWQ 401 Unit Doug Huggett DCM Morehead City Heather Styron DCM Morehead City W iRO .r. 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