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Home My WebLink About20120489 Ver 1_Approval Letter_20120720NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor NC Wildlife Resources Attn Mark Hamlett 1701 Mail Service Center Raleigh NC 27699 1701 Division of Water Quality Charles Wakild P E Director July 20 2012 Dee Freeman Secretary DWQ Project # 2012 0489 Pender County Subject Property 12380 Shaw Highway /Shelter Creek Boat Access Area, Burgaw Approval of 401 Water Quality Certification with Additional Conditions Dear Mr Hamlett On May 15 2012 the Division of Water Quality (Division) received your CAMA major application to remove an existing boat ramp and pier excavate approximately 351 sq ft of open water replace and widen the boat ramp and construct a floating dock with an associated concrete abutment In accordance with your CAMA application the additional information received on July 19 2012 and the attached conditions listed below you have our approval to proceed with your project 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 1501mear 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 Mail Service Center Raleigh North Carolina 276991617 Locabon 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 -63001 FAX 919 -807 -6492 Internet www ncwaterouality ora An Equal Opportunity 1 Affirrnabve Action Employer NorthCarohna AaAma* NC Wildlife Resources Attn Mark Hamlett DWQ Project # 2012 0489 July 20 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 Concrete The boat ramp shall be poured on high ground and pushed into place once the concrete has dried to prevent the contact of fresh concrete with waters Water that has inadvertently contacted uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life /fish kills 4 Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 0211 Appropriate sediment and erosion control practices must be used to meet this standard Turbidity curtains shall be used as appropriate Please notify this Office at 910 796 7215 if any turbidity issues arise 5 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 Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom 351 sq ft 0 0081 ac Sheet C4 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 Concrete The boat ramp shall be poured on high ground and pushed into place once the concrete has dried to prevent the contact of fresh concrete with waters Water that has inadvertently contacted uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life /fish kills 4 Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 0211 Appropriate sediment and erosion control practices must be used to meet this standard Turbidity curtains shall be used as appropriate Please notify this Office at 910 796 7215 if any turbidity issues arise 5 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 NC Wildlife Resources Attn Mark Hamlett DWQ Project # 2012 0489 July 20 2012 Page 3 of 4 6 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 7 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 protect shall remain in effect for the life of the project regardless of the expiration of this Certification 8 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 9 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 NC Wildlife Resources Attn Mark Hamlett DWQ Project # 2012 0489 July 20 2012 Page 4 of 4 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 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 �'D SLR �Charles Wakild P E Dtvision of Water Quality Attachment Enclosures GC 3900 Certificate of Completion cc Brad Sedgwick — JBS Consulting PA David Timpy USACE Wilmington Regulatory Field Office Ian McMillan DWQ 401 Unit Doug Huggett DCM Morehead City Heather Coats DCM Wilmington WiRO +� ` ; ° ƒ° �o s JLJ § qq% - ( m 2§ @ \ \ 2 = � k W. \ § � �< � � § / $! u - om M; y ®� ` § U) d 0 z > > C k } j� \ x ~ § 2 _ 04 n -t m � 14 �9 CIA \ � m \ e m e a NV HV k / C) > k M §2 ¢ emu$ t�§ b � § \\/Z/ ƒ /E u /moo& / % q �