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Home My WebLink About20140420 Ver 1_Approval Letter_20140521MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 21, 2014 Larry Styron PO Box 1599 Newport, NC 28570 John E. Skvarla, III Secretary DWR # 140420 Carteret County Subject: APPROVAL OF ISOLATED AND OTHER NON -404 JURISDICTIONAL WETLANDS AND WATERS GENERAL PERMIT WITH ADDITIONAL CONDITIONS ANNA WINK MINE # 2, NEWPORT Dear Mr. Styron: You have our approval for the impacts listed below for the purpose described in your application dated April 16, 2014, received by the Division of Water Resources (Division) April 21, 2014 and subsequent information received on May 6 and 8, 2014. These impacts are covered by the attached State General Permit for Impacts to isolated and Other Non -404 jurisdictional wetlands and Waters Permit Number IWGP100000 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the General Permit are met. No other impacts are approved, including incidental impacts. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910-796-7215 1 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Larry Styron May 21, 2014 DWR Project # 2014 0420 Page 2 of 5 Type of Impact Amount Approved Amount Approved Plan Location or (units) (units) Reference Permanent Temporary Stream Site 1 N/A N/A 404/401 Wetlands Site 1 N/A N/A Isolated Wetlands W1 0.01acres N/A Anna Wink Mine #2 W2 0.02 acres Wetland impacts W3 0.1 acres drawing W4 0.06 acres W5 0.08 acres TOTAL IMPACTS 0.27 acres 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. 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 for this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 4. Sediment and Erosion Control 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. 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. Larry Styron May 21, 2014 DWR Project # 2014 0420 Page 3 of 5 b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control designs must-comply with the requirements set forth in 15A NCAC 0413.0124 Design Standards in Sensitive Watersheds. 5. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 6. 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 Resources, 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. 7. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt-and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Larry Styron May 21, 2014 DWR Project # 2014 0420 Page 4 of 5 8. 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 Permit. A copy of this Permit shall be included in the construction contract and available on the iob site at all times. 9. This permit grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 10. Certificate of Completion Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Resources 1650 Mail Service Center, Raleigh, NC, 27699 -1650 upon completion of the project. 11. This approval and its conditions are final and binding unless contested. This Permit can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http: /Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. 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 8:00am and 5:00pm, 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. Larry Styron May 21, 2014 DWR Project # 2014 0420 Page 5 of 5 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 under section 401 of the Clean Water Act as described in 15A NCAC 2H .0500. Please contact Jennifer Burdette in the Central Office at 919.807.6364 or by e-mail Jennifer. Burdette@ncdenr.gov or Joanne Steenhuis in the Wilmington regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns. 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