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HomeMy WebLinkAbout20131041 Ver 1_Approval Letter_20131003A LV-WA 44,;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor THIS IS NOTctober3,2013 A CAMA PERMIT Trinity Center /Episcopal Diocese of East Carolina Attn: Meghan Dinneen PO Drawer 380 Salter Path, NC 28575 John E. Skvarla, III Secretary DWR Project # 20131041 Carteret County Subject Property: Trinity Center /Episcopal Diocese of East Carolina, Salter Path Approval of 401 Water Resource Certification with Additional Conditions Dear Ms. Dinneen: You have our approval, in accordance with the attached conditions and those listed below to construct two oyster sills and plant Spartina alterniflora landward of the sills, as described in your CAMA application dated September 24, 2013 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on September 26, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Resources 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. 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 General 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 EA, Wilmington, NC 28405 NO a Carolina Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper aturall Trinity Center /Episcopal Diocese of East Carolina Attn: Meghan Dinneen DWR Project # 20131041 October 3, 2013 Page 2 of 5 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. 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 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise. 4. SAVs No impacts to SAV beds are permitted. 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Amount Approved (Units) Plan Location or Reference Open Waters /shallow bottom 2 (100'X 6') sills (1,200 sq ft) 0.027 acres Project area aerial (attached) Coastal wetlands N/A 404/401 wetlands N/A 2. 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 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise. 4. SAVs No impacts to SAV beds are permitted. 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Trinity Center /Episcopal Diocese of East Carolina Attn: Meghan Dinneen DWR Project # 20131041 October 3, 2013 Page 3 of 5 6. 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 Resources Certification. 7. Monitoring of Sills (photo documentation) The Permitee will be required to conduct the following: a. Approximately six (61 months after the installation of the sill structure in waters, the structure shall be inspected for erosional areas, headcutting, shifts or movement of the oyster bags within sill structure, etc. b. Eighteen (18) months after installation another visual inspection shall be conducted. Written notification is required (e -mail would be fine) after these inspections; any problems found during inspections shall be documented and the DWR Wilmington Regional Office staff member contacted to arrange a field visit. If no issues are found, e- mail photos and state that no issues were noted. The permitee (property owner) shall consult with the Regional DWQ staff member to determine if a permit modification is needed to correct the problem. The property owner and /or owners shall assume responsibility of repairs and maintenance of sill structure. 8. Certificate of Completion Upon completion of all work approved within the 401 Water Resources 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 Resources, 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. This approval and its conditions are final and binding unless contested. Trinity Center /Episcopal Diocese of East Carolina Attn: Meghan Dinneen DWR Project # 20131041 October 3, 2013 Page 4 of 5 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis (Joanne.Steenhuis @ncdenr.gov) in the DWR Wilmington Regional Office at 910.796.7306. f'. n Director tesources Trinity Center /Episcopal Diocese of East Carolina Attn: Meghan Dinneen DWR Project # 20131041 October 3, 2013 Page 5 of 5 Enclosures: GC 3900 Certificate of Completion cc: David Timpy - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 Wetlands Unit Doug Huggett - DCM Morehead City Brad Connell - DCM Morehead City WiRO DEMO * The width of Bogue Sound is 2.4 miles at this location. This project site is 2 miles from the channel. � '•A �N® N R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary September 24, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: �x Linda Lewis r- 4oanne-Steenhw'�, '_-LDivision ofWat yerResources Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Trinity Center/Episcopal Diocese of East Carolina Carteret County, adjacent to Bogue Sound, at the end of Sanders Point Drive, off of NC Hwy 58, in Salter Path. Proposes to construct an oyster sill for private community use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 14, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808 -2808. Ext. 214. When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Y61 cliilt4�_v- eell3ft 3 SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are inc9rpvKatesi. See attached. 400 Commerce Ave., Morehead City, C 28557 Phone: 252 -808 -28081 FAX: 252 -247 -3 An Equal Opportunity l Affirmative Action Employer oTects to the project for reasons described in the attached comments. DATE.- I ° 4'a Eli .nccoastalmanagement.net