HomeMy WebLinkAbout20140617 Ver 1_Approval Letter_20140715 (2)ALWMA
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NCDENR
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 (3,292,243 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
(DWR) 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 CAMA 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, 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: http://portal.ncdenr.orWweb/Nvq/swL)/ws/401 /ceftsandperm its.
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 fasted below.
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127 Cardinal Drive Extension, Wilmington, North Carolina;2E
Phone: 910 - 796 -7215\ Internet: www.ncdenr.gov
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An Equal Opportunity', Affirmative Action Employer — Made in part by recycled paper
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Kure Beach Coastal Storm Damage Project
New Hanover County
2014 -0617
V_
The Additional Conditions of the Certification are:
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
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.
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.
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Amount Approved (Units)
Plan Location or Reference
Open Water (Area -B
1,184.57acres (51,600,000
CAMA Major Permit
source dredge)
square feet)
Application
Open Water (near shore)
7.07 acres (307,757 square feet)
CAMA 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
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.
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.
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Kure Beach Coastal Storm Damage Project
New Hanover County
i
- ;014 -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.
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:OOam and 5:OOpm, 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 tr`ansmisgia '` `= T4
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Kure 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,
Jm�g o , e final u p ervisor
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 �,' F "' ""
Ronnie Smith — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
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Certificate ®n ®f Completion
DWR Project No.:
Applicant: _
Project Name: _
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No.
Fy "�'t `` a"Date
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