HomeMy WebLinkAbout20140296 Ver 1_Approval Letter_20140409r
NCEN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 9, 2014
THMDWR Project'
NOT I M pER
Carteret C
Robert Hudgins, Jr.
269 Vaughn Mill Road �� APR 1 2014
Iredell, NC 28625
Subject Property: Lot #4 west Bay Subdivision, Harkers Island
'h- '� ° "r'ranch
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hudgins:
You have our approval, in accordance with the attached conditions and those listed below to construct a 6-
slip docking facility and to place rip rap adjacent to the existing bulkhead with the toe of the rip rap
extending waterward 8 feet into the waterbody, as described in your CAMA application dated March 18,
2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on
March 20, 2013. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Numbers 3883 (GC 3883) and 3885 (GC 3885). These Certifications
allow you to use the General Permits 198700056 and 197800080 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 attached certification
and any additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
,1. Impacts Approved
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:
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
Robert Hudgins, Jr.
April 9, 2014
DWR Project # 2014 0296
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.
3. 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 28..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 filled
(shallow bottom) Rip rap
800 sq ft (0.018 ac)
Page 1 and 2 of 5 (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.
3. 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 28..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.
Robert Hudgins, Jr.
April 9, 2014
DWR Project # 2014 0296
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" ivil 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
Robert Hudgins, Jr.
April 9, 2014
DWR Project # 2014 0296
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(cDncdenr eov or Joanne Steenhuis in the DWR Wilmington
Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis_@ncdenr.gov.
Sincerely,
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3883 & GC3885
Certificate of Completion
cc: Charles Brooks — Brooks Dredging & Marine Construction — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWQ 401 Unit
Jonathan Howell - DCM Morehead City
)Ryan Davenport - DCM Morehead City
WiRO
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