HomeMy WebLinkAbout20140625 Ver 1_Approval Letter_20140626WNW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 26, 2014
Robin Standifer
3737 Windy Point Road
Supply, NC 28462
Subject Property: 133 Swordfish Drive — Holden Beach
John E, Skvarla, III
Secretary
Brunswick County
DWR Project 4: 14 -0625
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. or Ms. Standifer:
You have our approval, in accordance with the attached conditions and those listed below, to impact
approximately 0.006 acres of wetlands and approximately 0.008 acres of open waters in order to
construct a new bulkhead with associated back fill as described within your application received by
the Division on June 11, 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 4198000291 (GP 291) when
issued by the U.S. Army Corps of Engineers and the CAMA pen-nit 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 Certification can also be found on
line at: litZ.Hpoi-tal.iicdeiir,oi, web/ wq /swl�� /ws /40l /certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
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, Noah Carolina 28405
Phone: 910-796-7215\ Internet: www.ncdenr.gov
An Equal Opporlunity, Affirnnatkve Action Employer -- Made in part by recycled paper
Brunswick County
2014-0625
The Additional Conditions of the Certification are:
1. 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
North Carolina Surface Mining Manual.
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.
2, 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. 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.
i-oom aLaI10"VI
Brunswick County
20W-0625
4. Turbidity
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213 .0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
5. The applicant/pen-nittee 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.
6. 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.
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 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
provided the original and one copy of the petition is received by the Office of Administrative
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 276996714
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
Brunswick County
2014-0625
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,
SincerelyzN
Jim egional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3900
cc: Brian Murdoch — VCC, Inc., 3003 Holden Beach Road, Supply, NC 28462
Jonathan Howell — DCM Morehead City
Debbie Wilson — DCM Wilmington
Ronnie Smith — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO