HomeMy WebLinkAbout20011836 Ver 3_Approval Letter_20120618-,A,G*tAw"
MCDENR
North Carolina Department of Environment and Natural Resources
Bevei ly Eaves Ferduu
Governor
David Hewett Town Manager
Town of Holden Beach
110 Rothschild Street
Holden Beach NC 28462
Division of Water Quahty
Citanea vvakhu P c
Director
June 18 2012
Re Town of Holden Beach Central Reach Beach Nourishment Brunswick County
Atlantic Ocean (30759 99 (1) SB)
DWQ Project # 20011836 Ver 3 USACE Action ID # SAW 2011 01914
Dee Freeman
Secretary
APPROVAL of 401 Water Quality Certification with Additional Conditions MODIFICATION
Dear Mr Hewett
Attached hereto is a copy of Certification No 3780 issued to Mr David Hewett Town Manager of the
Town of Holden Beach dated June 18 2012 This Certification replaces the Certification issued
February 13, 2009 In addition you should get any other federal state or local permits before you go
ahead with your protect including (but not limited to) Solid Waste Sediment and Erosion Control
Stormwater Dam Safety Non discharge and Water Supply Watershed regulations If we can be of
further assistance do not hesitate to contact us
Since ly /Ji
Charles Wakild P E
CW/kah/ym
Attachments Certificate of Completion
cc Dave Timpy — Wilmington District USACOE
Chad Coburn — DWQ Wilmington Regional Office
Stephen Rynas — DCM Morehead City
Jeff Garnett — EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
File Copy
Fran Way Applied Technology and Management Inc P O Box 20336 Charleston SC 29413
011836Ver3TOHoldenBeachCentralReach BeachRen ouris h ment(Brunswick)401_IC_MOD
1617 Mad Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604 -
Phone 919 807 6300 1 FAX 919 -807 64921 Customer Service 1 877 623 6748
Internet www ncwaterouallty orq
An Equal Opportunity 1 Afirmat ve Act on Employer
NorthCarollna
Nahmaliff
2
Holden Beach Renounshment
Brunswick County
2001 18360
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirertieols, of ;Mlioti 401 Pttbli(, L dws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Reg - lations in 15 NTC4C 2H Sectior 0500 to Mr David He.Aett To Nn Manager of the 'T'cwn of Holden
Beach to nourish approximately 22 000 linear feet of shoreline by placing up to 1 310 000 cubic yards of
beach compatible sand on approximately 52 acres of beach above Mean High Water (MHW) and
approximately 140 acres below MHW from Station 40 +00 to Station 260 +00 The sand source of this
project is a borrow area of approximately 590 acres to be dredged as described within the application fled
on the 15th di,. of February -sf 2012 with additional information received on June 11 2012 Tilt, plo3ect
covers approximately 4 2 miles of shoreline in the Lumber River Basin in association with the Town of
Holden Beach nourishment project Brunswick Countv North Carolina
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 Applications and modifications
If the protect 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 DWQ 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 Certification (or Isolated Wetland Permit) are met No other impacts are approved including
incidental impacts
Type of Impact
Amount Approved
Plan Location or Reference
nits
Beach (Above Mean High Water)
52 acres
Application and Public Notice
Open Water (near shore) below
140 acres
Application and Public Notice
MHW filled
Open Water (off shore source
590 acres
Application and Public Notice
dredge)
3
Helder Beach Renol-n hmenr
Brunswick County
2001 18360
Sediment and Erosion Control
2 Erosion and spaiment control practic,-s must he in tali cornnilance with all specifications governing
the proper design installation and operation and maintenance of such Best Management Practices in
order « protec ;tirface waterc s andase-,
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 +►rat thej equal or exceed the regOleilients ,pecified in the most recent 1 c-sion cf
the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on
ail construction sites borrow cltec and waste pile kpoil) 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 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
4 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
Mr David Hewett, Town Manager of the Town of Holden Beach 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 Mr David Hewett, Town Manager of the Town of Holden Beach 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
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 Mr David Hewett Town Manager of the Town of Holden Beach 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 Mr David Hewett Town Manager of the Town of Holden Beach in
writing shall be provided to the United States Army Corps of Engineers for reference in any Permit
4
Holden Beach Renounshment
Brunswick County
2001 18360
issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404
Permit for the project
Other conditions
6 Any final construction plans for this protect must include or reference the application and plans
approved by the DWQ under this authorization letter and certification
7 All applicable moratoriums shall be observed as required by the NC Division of Marine Fisheries NC
Wildlife Resou -cee US Fish and Wildlife zrd Naticnal Marine F sl -cries
8 This Certification covers the one time event of beach renounshment for the Town of Holden Beach at
the location previously specified Any future activity that includes work in the inter tidal zone or
additional renounshment will require a new 401 Water Quality application and certification
9 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules 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
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
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 adludicatory 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 18th day of June 012
:7NVZLITY
Charles Wakild P E
CW/kah/ym
3780