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Home My WebLink About20110786 Ver 1_Approval Letter_20110601i� LA (( �® RCDEN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Commanding Officer John H Lang US Coast Guard CEU Cleveland 1240 East Ninth Street Room 2179 Cleveland OH 44199 2060 Division of Water Quality Charius'Naklld F E Director June 1 2012 Dec Frecr,an Secretary Re USCG Station Oregon Inlet Walter Slough Navigational Channel Dare County DWQ Project # 20110786 Ver 2 USACE Action ID SAW 2011 01747 Pamlico Sound [030156 30 22 SA HQW] APPROVAL of 401 Water Quality Certification with Additional Conditions REVISED Dear Commanding Officer Lang Attached hereto is a copy of Certification No 3919 issued to Commanding Officer John H Lang and US Coast Guard CEU Cleveland dated June 1 2012 This Certification replaces the Certification issued on May 23, 2012 In addition you should get any other federal state or local permits before you go ahead with your project including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesitate to contact us CW /kah/ym Attachments Certificate of Completion Si ely ti 6k- Charles Wakild P E cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 Josh Pelletier U S Army Corps of Engineers Washington Regulatory Field Office Roberto Scheller DWQ Washington Regional Office File Copy DLR Washington Regional Office Filename 110786Ver2USCGStatronOregonlnletWalterSloughNavrgatronalChannel (Dare)40i_IC_Revrsed 1617 Mad Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 807 6492 1 Customer Service 1 877 623 6748 Internet www ncwaterguality org An Equal Opportunity 1 Aff rmatwe Action Employer NorthCarohna Natwallff 2 Commanding Officer John H Lang and US Coast Guard CEU Cleveland Dare County 2011 0786 Ver 2 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION i HIS CER1Ir ICATIOIv is issueu in contormnv with the requirements of Section 401 PUDIIL Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (the Division) Regulat ons in 15 NC 4C 21-I Sect on 0500 to Command ng Offcer John H Larg and US Coast Guard CEU Cleveland to fill or otherwise impact 4 0 acres of open water (sound) to conduct the proposed maintenance dredging of Walter Slough which is located at USCG Station Oregon Inlet on Bodie Island and within the nearby Walter Slough navigational channel northwest of Oregon Inlet in Dare County North Carolina pursuant to an application filed on the 29`s day of March of 2012 and received by the D viblo-, vi, 'V1Ay 7 2012 an3 o) Public NctlLe issued by the USACE on Septefr ber 20 2011 at L received by the DWQ on September 29 2011 The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the supporting documentation and conditions hereinafter set forth This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice and the Division of Coastal Management Application If the project is changed prior to notification a new application for a new Certification is required If the property is sold the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification Any new owner must notify the Division and request the Certification be issued in their name Should wetland or stream fill be requested in the future additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces the Division shall be notified in writing and a new application for 401 Certification may be required For this approval to be valid compliance with the conditions listed below is required Conditions of Certification 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are approved including incidental impacts Type of Impact I Amount Approved nits Plan Location or Reference Open Waters (sound) 14 0 acres Application Sediment and Erosion Control 2 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 3 Commanding Officer John H Lang and US Coast Guard CEU Cleveland Dare County 2011 0786 Ver 2 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 [. ontrol Manual 1 he devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects incli ding contactor o.aned or leased I-o-ro v pits associated N ith 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 at,_ordance u ith he regLire-ncnt- of the Sedimentation Po'iuticr Control Ac* Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCGO10000) administered by the Division is automatically issued to the project This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres] full compliance with permit conditions including the sedimentation control plan self monitoring record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at http / /portal ncdenr org /web /wq /ws /su/construction 4 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 404/401 Permit 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 5 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 Continuing Compliance 6 Commanding Officer John H Lang and US Coast Guard CEU Cleveland shall conduct construction 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 If the Division 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 the Division 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 the Division shall notify Commanding Officer John H Lang and US Coast Guard CEU Cleveland the US Army Corps of Engineers and provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for a public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Commanding Officer John H Lang and US Coast Guard CEU Cleveland in writing shall be provided to the United States Army Corps of Engineers for reference in any Permit 4 Commanding Officer John H Lang and US Coast Guard CEU Cleveland Dare County 2011 0786 Ver 2 issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for the project Other Conditions 7 Upon completion of the project the applicant shall complete and return the enclosed Certification of Completion Form to notify DWQ that all the work included in the 401 Certification has been completed The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality 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 Permit If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If modifications are made to an original Certification you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification Unless such demands are made this Certification shall be final and binding This the ls` day of June 2012 7 ION F T JA LITY �V Charles Wakild P E CW/kah/ym 3919