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Home My WebLink About20140617 Ver 1_Approval Letter_20140715F-WA VCEDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 15, 2014 New Hanover County Mr. Chris Coudriet 230 Government Center Drive, Suite 195 Wilmington, NC 28403 John E. Skvarla, III Secretary New Hanover County DWR Project #: 14-0617 Subject Property: Kure Beach Coastal Storm Damage Project — Kure Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Coudriet: You have our approval, in accordance with the attached conditions to nourish approximately 3.41 miles (18,000 linear feet) of shoreline by placing up to an average of 387,163 cubic yards of beach compatible sand on approximately 75.58 acres (3,2,92,243 square feet) of beach above Mean High Water (MHW) and approximately 7.07 acres (307,757 square feet) below MHW. The sand source of this project is a borrow area of approximately 1,184.57acres (51,600,000 square feet) to be dredged from within the borrow site Area-13 as described in your application received by the N.C. Division of Water Resources (DR) on June 9, 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 Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the LAMA permit when issued by the Division of . ...... Coastal ...Management . .... .1n, addition, ,.you.,should.,. obtain ...oT..o...ther..w.is.c....e, _p _ly,wjth_my Qthey_rpquired - -------- ------ -- federal, state or local permits before you go ahead with your project including (but not limited to) ........ . .......................... his 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 LAMA Permit. This Certification can also be found on line at: http://)ortal.nedeiir.or 6 eb/,,N /sir )/Nvs/40 I j_ "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 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 below. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Opportunity Affirmative Action Employer- Made in part by recycled paper 2 Kure Beach Coastal Storm Damage Project New Hanover County 2014-0617 The Additional Conditions of the Certification are: 1. 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. Standard Erosion and Sediment Control Practices 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: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b, 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. c. 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 d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. 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 Pre-Construction Notification and authorized by this written approval, including incidental impacts. 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. Amount Approved (Units) Plan Location or Reference Open Water (Area-B 1,184.57acres (51,600,000 CAMS. Major Permit source dredge) _ square feet) Application Open Water (near shore) 7.07 acres (307,757 square feet) LAMA Major Permit below MHW filled Application Beach (Above Mean 75.58 acres (3,292,243 square CAMA Major Permit High Water) feet) Application 2. Standard Erosion and Sediment Control Practices 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: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b, 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. c. 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 d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. 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 Pre-Construction Notification and authorized by this written approval, including incidental impacts. 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. 3 Kure Beach Coastal Storm Damage Project New Hanover County 2014-0617 4, No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. 5. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 6. The applicant/permittee 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, then the Division may reevaluate and modify this General Water Quality Certification. 7. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts nr-trv-rTmri-fTr-t--i-rn-nn-r.t,.q-fn--wAf&rt--,A,.R-tienicted—in—vour—ai3Dlieation.—and-,u—avAhor.ized—b-y—this- Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office- of Administrative Hearings within five (5) business days following the faxed transmission. 4 Kate Beach Coastal Storm Damage Project New Hanover County 2014-0617 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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 Unless such a petition is filed, this Certification shall be final and binding. 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 Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796 - 7215. Sincerely, Jim egson, Regional upervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: Certificate of Completion GC 3900 cc: Layton Bedsole — 230 Government Center Drive, Suite 195, Wilmington, NC 28403 Greg Finch — Coastal Planning & Engineering of North Carolina, Inc., 4038 Masonboro Loop Road, Wilmington, NC 28409 Jonathan Howell — DCM Morehead City Robb Mairs — DCM Wilmington Ronnie Smith — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit WiRO