Loading...
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