HomeMy WebLinkAbout20201925 Ver 1_401 Approval Letter_20210310DocuSign Envelope ID: F21620DF-6281-4531-B1BA-5C13F2177DD9
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
March 9, 2021
NC Wildlife Resources Commission
Attn: Sara Sherman
1720 Mail Service Center
Raleigh, NC 27699
NORTH CAROLINA
Environmental Quality
DWR # 20201925
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Eno River Boating Access Area Renovation
Dear Ms. Sherman:
You have our approval for the impacts listed below for the purpose described in your application dated
January 19, 2021, received by the Division of Water Resources (Division) January 19, 2021 and payment
received January 27, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4132. This certification is associated with the use of Nationwide Permit Number 3
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Open Water
01: Boat Ramp
0.03 (acres)
0 (acres)
02: Floating Dock
0.01 (acres)
0 (acres)
Additional Conditions
1. When concrete is used during construction, all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 02B. 0200]
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
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o•o• ° •"i o E".w""�•"W Qa A` /� 919.791.4200
DocuSign Envelope ID: F21620DF-6281-4531-B1 BA-5C13F2177DD9 Eno River Boating Access Area Renovation
DWR# 20201925
401 Certification
Page 2 of 3
2. All mechanized equipment operated near surface waters or wetlands shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. Construction shall be staged in
order to minimize the exposure of equipment to surface waters to the maximum extent
practicable. Fueling, lubrication and general equipment maintenance shall not take place
within 100 feet of waterbody or wetlands to prevent contamination by fuels and oils except
as follows: in situations where equipment must continue to operate during fueling activities
such as dewatering pumps near surface waters, secondary containment structures will be
used to prevent any spillage from reaching the surface waters. Fuel shall not be stored
within 100 feet of a waterbody or wetland.
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
DocuSign Envelope ID: F21620DF-6281-4531-B1 BA-5C13F2177DD9 Eno River Boating Access Area Renovation
DWR# 20201925
401 Certification
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have
any questions or concerns.
Sincerely,
DOCUSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4133
cc: April Norton, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
DWR 401 Buffer Permitting Unit file via Laserfiche