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HomeMy WebLinkAbout20141046 Ver 1_No Written Concurrence_20141010RECEIVED OCT 13 2014 North Carolina Department of Environment and Natural ReSourCEPSNR-LAND QUALITY STORMWATER PERMITTING Pat McCrory Governor October 10, 2014 Walter Giese 607 Chadwick Shores Drive John E. Skvarla, III Secretary DWR Project # 2014 -1046 Onslow County NUT Sneads Ferry, NC 28460 P Subject Property: 607 Chadwick Shores Drive, Sneads Ferry A No written Concurrence Needed Dear Mr. Giese: You have our approval, in accordance with the attached conditions and those listed below to add a boat lift and access platform to an existing docking facility, as described in your CAMA application dated September 30, 2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on September 30, 2014. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 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 LAMA 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: 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. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502 }. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910-796-7215 1 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Walter Giese October 10, 2014 DWR Project # 20141046 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 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit f 15A NCAC 02H .0501 and .0502). 3. 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 4. 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. The applicant shall require their contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification 5. 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. 8. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification Continuinp, Compliance: 9. 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. Walter Giese October 10, 2014 DWR Project # 20141046 Page 3 of 4 10. 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 and /or authorized agent is required to return a copy of a certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http: / /PortaI.ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms). 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours {15A NCAC 02H .0502 (e)}. 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 Walter Giese October 10, 2014 DWR Project # 20141046 Page 4 of 4 A copy of the petition must also be served on DENR as follows: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 I Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. 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.gov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis @ncdenr.gov. Sincerely, panne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3883 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City— electronic copy Tara MacPhearson - DCM Wilmington WiRO i