HomeMy WebLinkAbout20121008 Ver 1_Approval Letter_20121212ALE-WAA
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Pensco Trust Company
Mr. Carsten Evans
891 SW 72nd Avenue
Plantation, FL 33317
Division of Water Quality
Charles Wakild, P. E.
Director
December 12, 2012
Dee Freeman
Secretary
DWQ Project # 12 -1008
Pamlico County
Subject Property: Bayview Estates, 10 -Slip Docking Facility
Neuse River Basin, Ball Creek [ NEU 13,27-150-20; NSW, SA, HQW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Evans:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.0012 acres of wetlands by shading,
0.128 acres of open waters by shading, and 300 square feet (ft2) of protected riparian
buffers for the purpose of constructing a 10 -slip boat dock at the subject property, as
described within your application dated October 22, 2012 and received by the N.C.
Division of Water Quality (DWQ) on October 30, 2012. The impacts proposed in the
application are covered by General Water Quality Certification Number(s) 3900
(GC3900). The Certifications) allows you to use the Corps 291 Permit(s) that's issued in
conjunction with your CAMA Major permit. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0233 for access to a water dependent structure. 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,
and 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. 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
North Carolina Division of Water Quality Internet: www.newaterquality.or
943 Washington Square Mall Phone: 252- 946 -6481 One
Washington, NC 27889 FAX 252- 946 -9215 NorthCarolliina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper ;Vaturally
Pensco Trust Company
Mr. Carsten Evans
Bayview Estates, 10 Slip Docking Facility
Page 2 of 4
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:
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters
standards:
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 that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) 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
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
Amount Approved
Units
Plan Location or
Reference
Stream
(feet)
404 /CAMA
Wetlands
0.0012 (acres) shading
Plan Sheet
Waters
0.128 acres shading
Plan Sheet
Buffers
300 (square ft.
Plan Sheet
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters
standards:
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 that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) 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
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
Pensco Trust Company
Mr. Carsten Evans
Bayview Estates, 10 Slip Docking Facility
Page 3 of 4
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
5. 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.
6. No maintenance is to be preformed while boats are at dock, this includes fueling,
painting, wash down, and removal of fouling from hulls.
7. No live aboard are to be allowed within the 10 -slip marina.
8. Heads are to be locked while boats are at dock.
9. Work Moratoriums
The Permittee is required to adhere to all appropriate in -water work moratoriums
(including the use of pile driving or vibration techniques) prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine
Fisheries Service.
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 do not accept any of the conditions of this Certification (associated with the
approved wetland or stream 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 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
Pensco Trust Company
Mr. Carsten Evans
Bayview Estates, 10 Slip Docking Facility
Page 4 of 4
27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Neuse riparian buffer protection rule as described within 15A
NCAC 213 .0233. If you have any questions, please telephone Roberto Scheller of the
Washington Regional Office at 252 - 948 -3940 or Karen Higgens of the Wetland, Buffer,
Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6364.
Sincerely,
otwi� OA&M-4-1
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Brandi Robertson, PO Box 874, Oriental, NC 28571
Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead District Office
DCM, WaRO
File copy