HomeMy WebLinkAbout20011269 Ver 2_Approval Letter_20130529Pat McCrory
Governor
NCDEHR
North Carolina Department of Environment and Natural Resources
May 29, 2013
John E. Skvada, III
Secretary
THIS Q Project # 20011269 V2
IS arteret County
Salty Shores Canal Owners Ass tat
'
Attn: Ronnie Stroud, Presider
CAMA
164 Radford Lane PERMIT
Newport, NC 28570
Subject Property: Salty Shores Canal Maintenance, Newport
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stroud:
You have our approval, in accordance with the attached conditions and those listed below to conduct
maintenance excavation of the canal, the existing basins and the entrance channel within the existing
channel markers, as described in your CAMA application dated May 16, 2013 and received by the
Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on May 20, 2013. 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 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.
127 Cardinal Drive Ext., Wilmington, NC 28405 te
Ca i'011lla Phone: 910.796.72151 FAX 910.350.20041 Internet: www.nodenr.gov An Equal Oppoihmity 1 Atfirmadve Action Employer — 50% Recyded 110% Post Consumer Paper ura!!;
Salty Shores Canal Owners Association
Attn: Ronnie Stroud, President
DWQ Project # 20011269 V2
May 29, 2013
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.
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 the 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 approval letter and General Certification
and is responsible for complying with all conditions
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 28..0200. 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
5. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under the authorization letters and certifications.
Amount Approved (Units)
Plan Location or Reference
Open Waters dredged
(shallow bottom)
Basin 1
500 sq ft (0.011 ac)
Sheet 1 of 3 salty Shores Canal dated
Basin 2
2,925 sq ft (0.067 ac)
February 28, 2013 ( in file)
Canal
82,150 sq ft (1.886 ac)
Entrance channel
24,000 sq ft (0.551 ac)
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.
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 the 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 approval letter and General Certification
and is responsible for complying with all conditions
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 28..0200. 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
5. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under the authorization letters and certifications.
Salty Shores Canal Owners Association
Attn: Ronnie Stroud, President
DWQ Project # 20011269 V2
May 29, 2013
Page 3 of 4
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.
Continuine Compliance:
7. 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.
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:
Salty Shores Canal Owners Association
Attn: Ronnie Stroud, President
DWQ Project # 20011269 V2
May 29, 2013
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:
Lacy Presnell, 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 Karen Higgins in the Central Office in Raleigh at
919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306.
Sincerely,
Charles Wak d, P.E., Director
Division of Water Quality
Enclosures: GC 3900
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO