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Home My WebLink About20120732 Ver 1_Approval Letter_20120814W � A �v�_ D° North Carolina ,•fir of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P. E. Director August 14, 2012 National Park Service, Cape Lookout National Seashore Attn: Pat Kenney, Park Superintendent 131 Charles Street Harkers Island, NC 28531 Dee Freeman Secretary DWQ Project # 2012 0732 Carteret County Subject Property: Harkers Island Boat Basin, Cape Lookout National Seashore Approval of 401 Water Quality Certification with Additional. Conditions Dear Mr. Kenney: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging of an existing boat basin, as described in your Pre - Construction Notification (PCN) application dated July 20, 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on August 3, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 3888 (GC 3888) and 3894 (GC 3894). These Certifications allow you to use the 404 permits when issued by the US Army Corps of Engineers. 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 Permits. 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. 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919 - 707 -86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NorthCarohna NaharallY National Park Service, Cape Lookout National Seashore Attn: Pat Kenney, Park Superintendent DWQ Project # 2012 0732 August 14, 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 .0221. 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. Moratoriums You will comply with any moratoriums per the Division of Marine Fisheries. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. bird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 5. Any final construction plans for this project must include or reference the application and plans approved by the DWQ under this authorization letter and certification. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response center at 1.800.424.8802. Amount Approved (Units) Plan Location or Reference Open Waters (maintenance dredge) 37,026 sq ft (0.85 ac ) Shell Point Marina Sheet C1 and C2 dated Jul 2012 ( 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. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0221. 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. Moratoriums You will comply with any moratoriums per the Division of Marine Fisheries. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. bird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 5. Any final construction plans for this project must include or reference the application and plans approved by the DWQ under this authorization letter and certification. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response center at 1.800.424.8802. National Park Service, Cape Lookout National Seashore Attn: Pat Kenney, Park Superintendent DWQ Project # 2012 0732 August 14, 2012 Page 3 of 4 Continuing Compliance: 7. National Park Service, Cape Lookout National Seashore and their authorized agents and/or contractors 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 National Park Service, Cape Lookout National Seashore, 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 National Park Service, Cape Lookout National Seashore, in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; 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: National Park Service, Cape Lookout National Seashore Attn: Pat Kenney, Park Superintendent DWQ Project # 2012 0732 August 14, 2012 Page 4 of 4 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 Carey, 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, C rle Wakild, P.E.,, Director 'I Diva ' of Water Quality Attachment Enclosures: GC 3888 GC 3894 Certificate of Completion cc: David Timpy - USACE Wilmington Regulatory Field Office Ian McMillan - DWQ 401 Unit Stephen Rynas - DCM Morehead City WiRO i4 0 41& , zr�' ry U X/ C7 la -� 000 grim 0 -0 0 mmm C) 0 rl To m V) < M, ADC r- H 0 tu LXJ K M > m > 00 > b,;:o (Ji 0 yZ 0Z° Z U) > > --4 > 00 r- Z 0 0 > �- -n :E m . 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