HomeMy WebLinkAbout20120496 Ver 1_Approval Letter_20120530A
CDENR
North Carolina ,ep• of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mike Padgett
420 South Marine Blvd
Jacksonville NC 28540
Subject Property
Dear Mr Padgett
Division of Water Quality
Charles Wakild P E
Director
Dee Freeman
Secretary
101513` Street, Surf City
Approval of 401 Water Quality Certification with Additional Conditions
You have our approval in accordance with the attached conditions and those listed below to remove
existing dilapidated bulkhead fill 105 square feet of coastal wetlands to install a bulkhead immediately
waterward of existing bulkhead construct an access pier platform and two boat slips as described in
your CAMA application dated May 17 2012 and received by the Division of Water Quality (DWQ) in
the Wilmington Regional Office (WiRO) on May 17 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 CANM
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 Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 919 -807 -6492
Internet www rimatergual ft org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
NW=474
Mike Padgett
DWQ Project # 2012 0496
May 30 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 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 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
The applicant shall require his 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
6 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 project shall remain in effect for the life of the project regardless of
the expiration of this Certification
Amount Approved nits
Plan Location or Reference
Open Waters /Shallow Bottom
N/A
Coastal wetlands
105 sq ft 0 002 ac
Page 1 of 2 attached
404/401 wetlands filled
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 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 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
The applicant shall require his 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
6 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 project shall remain in effect for the life of the project regardless of
the expiration of this Certification
Mike Padgett
DWQ Project # 2012 0496
May 30 2012
Page 3 of 4
7 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
8 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
Mr William Cary 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
Mike Padgett
DWQ Project # 2012 0496
May 30 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 7306
Sincerely 1
Charles Wa ild P E
Division of Water Quality
Attachment
Enclosures GC 3900
Certificate of Completion
cc Chad Kimes P E — Kimes Engineering
David Timpy USACE Wilmington Regulatory Field Office
Ian McMillan DWQ 401 Unit
Doug Huggett DCM Morehead City
Jason Dail DCM Wilmington
WiRO
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