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Home My WebLink About20140455 Ver 1_Approval Letter_20140527o MCDENR (North Carolina Department of Environment and Nlafiural ,Resd9urc s NOT Pat McCrory John E. Skvarla, III Governor A CAMA Eg�e:-�cretarr,-', IJ May 27, 2014 IJ DWR Project # 2014 0455 Carteret County UNC Chapel Hill Institute for Marine Sciences Attn: Joel Fodrie 3431 Arendell Street Morehead City, NC 28557 Subject Property: UNC Institute for Marine Sciences Oyster Sill, Morehead City Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Fodrie: You have our approval, in accordance with the attached conditions and those listed below to construct an experimental oyster sill and saltmarsh along adjacent shoreline, as described in your CAMA application dated April 28, 2014, and received by the Division of Water Resources (Division) Wilmington Regional Office on April 30, 2014 and subsequent information received on May 23, 2014. 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 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: 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910 - 796 -72151 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper UNC Chapel Hill Institute for Marine Sciences Attn: Joel Fodrie DWR Permit # 14 0455 May 27, 2014 Page 2 of 5 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. 5. 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. 6. SAVs Please note that the area surrounding the proposed project contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom 27,000 sq ft (0.62 acres) Site plan (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. 5. 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. 6. SAVs Please note that the area surrounding the proposed project contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. UNC Chapel Hill Institute for Marine Sciences Attn: Joel Fodrie DWR Permit # 14 0455 May 27, 2014 Page 3 of 5 7. 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. 8. If for some reason, the sills are destroyed /scattered, it will be the responsibility of the applicant to contact the resource /permitting agencies to discuss what measures will be required to get the site into compliance. 9. Monitoring Reports Please send a copy of the annual monitoring report to this office and a copy to'the Central Office at: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 10. 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 and /or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 within ten days of project completion (the certification of completion is also available at: http: / /Porta1.ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms). 11. This certification 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. UNC Chapel Hill Institute for Marine Sciences Attn: Joel Fodrie DWR Permit # 14 0455 May 27, 2014 Page 4 of 5 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 1506 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 UNC Chapel Hill Institute for Marine Sciences Attn: Joel Fodrie DWR Permit # 14 0455 May 27, 2014 Page 5 of 5 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 Jennifer. Burdette @ncdenr.gov Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joan ne.Steenhuis ncdenr.eov . Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3900 Certificate of Completion cc: Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Jonathan Howell - DCM Morehead City Heather Styron — DCM Morehead City WiRO 3 J C 0 j a) w 3 J 2 c 0 d w I NC Division of NC Wildlife r Marine Fisheries University of North Carolina ,Resources 0 feet 50 100 150 200 Salt marsh 8 O t'lysie re f .,iil ECEIVES A MAY 2 3 T "'gl BY: A' b 1u 7b zu z5 3U ;3S 40 4S 50 55 60 65 70 75 80 85 90 ! Distance (ft) 9.0 ft 46 48 50 52 54 56 58 60 62 64 66 68 70 72 74 Distance (ft) VIHW 3.8 ft MW 2.26 ft VILW 0.0 ft MW 2.26 ft MLW 0.0 ft