HomeMy WebLinkAbout20140008 Ver 1_Approval Letter_20140310p 4
MCDEN l V
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor, Director
March 10, 2014
Ted and Jewell Ivey
229 NC Highway 111 South
Goldsboro, NC 27534
John E. Skvarla, III
Secretary
DWR Project # 2014 0008
Carteret County
Subject Property: 1803 Highway 24, Newport
Reissue of Approval of 401 Water Quality Certification with Additional
Conditions
Dear Mr. & Mrs. Ivey:
This Certification supersedes the Certification issued on February 18, 2014 You have our
approval, in accordance with the attached conditions and those listed below to remove a four
piling boatlift along the existing pier, replace it with a single -pole jet ski -ski lift and construct a
second pier with a platform and 2 boatlifts /slips, as described in your CAMA application dated
December 20, 2013, and received by the Division of Water Resources (Division) on December
27, 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 General Permit No. 198000291 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, Water Supply Watershed, 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
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
phone: 910 - 796 -72151 FAX: 910 - 350 -20041 DENR Assistance: 1- 877.623 -6748
ntemet: www.ncwaterquality.org
\n Equal Opportunity 1 Affirmative Action Employer
Ted and Jewell Ivey
March 10, 2014
DWR Project # 20140008
Page 2 of 5
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
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.
The applicant shall require his 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.
4. 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.
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
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
N/A
See partial drawing attached
Coastal wetlands
N/A
404/401 wetlands
N/A
Buffers
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.
The applicant shall require his 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.
4. 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.
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
Ted and Jewell Ivey
March 10, 2014
DWR Project # 20140008
Page 3 of 5
are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Quality Certification.
6. SAVs
Please note that the area surrounding the proposed pier contains submerged aquatic
vegetation (SAVs). No impacts to SAVs are authorized by this certification.
7. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils.
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids 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 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act.
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 /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.
This approval and its conditions are final and binding unless contested.
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.
Ted and Jewell Ivey
March 10, 2014
DWR Project # 20140008
Page 4 of 5
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 in the DWR Wilmington Regional Office
at 910.796.7306.
Sincerely,
ftrn, Gregson
Regional Supervisor
DWR Wilmington Regional Office
Enclosures: GC 3900
Certificate of Completion
'Ted and Jewell Ivey
March 10, 2014
DWR Project # 20140008
Page 5 of 5
cc: Kathy Vinson- Coastal Planning Services, Inc. — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office
Jennifer Burdette — Wetlands and Buffer Unit
Jonathan Howell - DCM Morehead City
Heather Styron — DCM Morehead City
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