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HomeMy WebLinkAbout20140279 Ver 1_Approval Letter_20140409�tl / AmPA L=2� NICURK North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 9, 2014 John E. Skvarla, III Secretary DWR Project # 20140279 Carteret County John Cannon Q A 1676 Highway 135 1 Rff Eden, NC 27288 Subject Property: 102 Bayview Blvd, Atlantic Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Cannon: You have our approval, in accordance with the attached conditions and those listed below to construct a dock, boatlift and platform and to conduct maintenance excavation of the canal adjacent to your property, as described in your CAMA application dated March 19, 2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on March 21, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 3883 (GC 3883) and 3894 (GC 3894). These Certifications allow you to use the General Permits 198700056 and 198200277 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, 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 General Permits or CAMA Permit. 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 General 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 atta4he�' certific r and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: APR 1 5 2014 1. Impacts Approved ►� - WAT1 RtUALrT'( The following impacts are hereby approved as long as all of the other specW=aarrd"rof conns 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 John Cannon April 9, 2014 DWR Project # 2014 0279 Page 2 of 4 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 application. 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. 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 5. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letters and certifications. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons 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 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response center at 1.800.424.8802: 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 'Amount Approved (Units) Plan Location or Reference Open Waters dredged (shallow bottom) Canal 950 sq ft (0.022 ac) Proposed dock and boat lift drawing and proposed dredging plan (attached) Coastal wetlands N/A 404/401 wetlands N/A 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 application. 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. 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 5. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letters and certifications. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons 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 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response center at 1.800.424.8802: 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. John Cannon April 9, 2014 DWR Project # 2014 0279 Page 3 of 4 Continuing Compliance: 8. 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. > 9. 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 /Wetlands Unit, North Carolina Division of Water Quality, 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 Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office, of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478 John Cannon April 9, 2014 DWR Project # 2014 0279 Page 4 of 4 A copy of the petition must also be served on DENR as follows: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This certification and its conditions are final and binding unless you ask for a hearing. 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 by e-mail Jennifer.Burdette @ncdenr.eov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis @ncdenr.eov. Sincerely, Jim Gregson, Regi 'nal Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3883 & GC3894 Certificate of Completion cc: Ginger turner — Stroud Engineering, P.A. — electronic copy Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ 401 Unit Doug Huggett - DCM Morehead City Heather Styron - DCM Morehead City WiRO J F O m a 1 I 1 i I 1 it i i I W , -s• 531WAIA 0. I -N31TA WIN NY a o U HAON Ain °o 0 tlZ �d d 9W o Z co a 33b . S1-.. J o � m =� a� �Z Ocr w _ e 9619 @ vJ N of ® , 7! sl 1 0 9 ¢ ® w cQ ci 0 o g �rP yea d ®® K Fw N J 0 a LL F a CL J F O m a 1 I 1 i I 1 it i i I W , -s• 531WAIA 0. 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