HomeMy WebLinkAbout20110583 Ver 2_Approval Letter_20120820NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 20, 2012
Lawrence Hodgkins
Anita Rish- Hodgkins
110 River Road
Washington NC 27889
Subject Property: Boatworks Floating Docks
Jack's Creek [29- 3 -(2); C, NSW]
DWQ Project # 11- 0583V2
Beaufort County
NOT A CAMA PERMIT
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Hodgkins:
You have our approval, in accordanlCase number 102'nditions and those listed below, to impact
an additional 0.04 acres for a total of 0.08 acres of waters from shading for the purpose of
constructing an 28 -slip marina (additional 18 slips to existing 10 slips) at the subject property, as
described within your CAMA Major application dated July 20, 2012 and received by the N.C. Division
of Water Quality (DWQ) on July 23, 2012. The impacts described in your application are covered by
General Water Quality Certification Number(s) 3900 (GC3900). This Certifications) is issued in
conjunction with the CAMA Major Permit and General Permit(s) 198000291 when issued by the US
Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit
when the Division of Coastal Management issues it. 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 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. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts 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
North Carolina Division of Water Quality Internet: www.ncwateraualitv.org
943 Washington Square Mall Phone: 252 -946 -6481 One
Washington, NC 27889 FAX 252- 946 -9215 NorthCarofina
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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 below.
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:
TII
2. Water Quality Certification Case number 103
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3900.
3. 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.
4. Number of Slips /Dock Space
Use of dock space other than the approved 28 slips is prohibited. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the twenty
eight (28) designated dockage slips as shown in approved plans.
5. Pump- outs /Sewage Disposal
No sewage shall be allowed to be discharged at any time from any boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing appropriate
waste disposal information.
Amount Approved (Units)
Plan Location or Reference
(feet)
(acres)
Wetlands
Waters
0.04 (acres) Shading
Plat included with CAMA
Major Modification
0.04 (acres) Shading
Application
approved in Version 1
Buffers
(square ft.)
2. Water Quality Certification Case number 103
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3900.
3. 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.
4. Number of Slips /Dock Space
Use of dock space other than the approved 28 slips is prohibited. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the twenty
eight (28) designated dockage slips as shown in approved plans.
5. Pump- outs /Sewage Disposal
No sewage shall be allowed to be discharged at any time from any boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing appropriate
waste disposal information.
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6. Fueling Facilities Prohibited
This permit does not authorize the construction of fueling facilities. Any marina project that
proposes to dispense or store fuel, shall provide and adhere to an EPA approved Spill Prevention
Control and Countermeasure (SPCC) plan to this Office before the fueling facilities are
constructed.
7. Work Moratoriums
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post - larval
fishes and crustaceans, or other aquatic species of concern shall be implemented.
8. "Re- opener" Clause 1`f
Lawrence Hodgkins and Boatworks Floating Docks and its authorized agents shall conduct its
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. Lawrence Hodgkins and Boatworks Floating Docks
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 DWQ determines that < ...... are not being met (including the failure to
Case number 104
sustain, a designated or achieved use) or tnat ,)Eaie or Tederal law is being violated, or that further
conditions are necessary to assure compliance, DWQ 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, DWQ shall notify
Lawrence Hodgkins and Boatworks Floating Docks and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
Lawrence Hodgkins and Boatworks Floating Docks 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.
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 Oversight /Express Review Permitting 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.
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If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1506 of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699 -6714. 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 and the Tar - Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Amy Adams of the Washington Regional Office at
252 -948 -3917 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit at 919 - 807 -6360.
Sincerely,
i
i
Case number 105arles a ild,.4
Enclosures: Certificate of Completion
GC 3900
cc: Kyle Barnes, Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Major Permits Coordinator, Morehead District Office
DCM, David Moye, Washington District Manager, Washington Regional Office
File copy
filena me: I1- 0583V2_Boatworks_3900_app /aa