Loading...
HomeMy WebLinkAbout20141253 Ver 1_Approval Letter_20150107A4 I V'A NOT A CAMA PERMIT RU®EM North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 7, 2015 Perquimans County Attn: Mr. Frank Heath PO Box 45 Hertford, NC 27944 Subject: Approval of 401 Water Quality Certification with Additional Conditions Hertford Boating Access Area - Granby Street Dear Mr. Heath: Donald R. van der Vaart Secretary DW R # 14 -1253 Perquimans County You have our approval for the impacts listed below for the purpose described in your application dated December 2, 2014 and received by the Division of Water Resources (Division) on December 5, 2014. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal,: state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Water OW -1 (Dredging) 0.03 (acres) 0 (acres) CAMA Major Application Sheet No. 2.1 and 2.2 OW -2 (Excavation) 0.13 (acres) 0 (acres) OW -3 (Cofferdam) 0.00 (acres) 0 (acres) Division of Water Resources - Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 9464811 Fax: 252- 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer —Made in part by recycled paper Perquimans County Attn: Mr. Frank Heath DWR # 14 -1253 401 APPROVAL Page 2 of 4 2. 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. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [15A NCAC 02B .0507(c)] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B.0220] 5. Re Opener Clause Perquimans County and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Perquimans County shall require their contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions appropriate to assure cdmpliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Perquimans County and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. i 6. Upon completion of all work approved within the 401. Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Perquimans County Attn: Mr. Frank Heath DWR # 14 -1253 401 APPROVAL Page 3 of 4 Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H .0507 (c)) 7. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition lorm may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of.Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of thle petition must also be served to DENR: John C. Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraueh @ncdenr.gov if you have any questions or concerns. ! Sincerely, J "40 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Perquimans County Attn: Mr. Frank Heath DWR # 14 -1253 401 APPROVAL Page 4 of 4 Enclosures: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City Lynn Mathis, DCM Elizabeth City Raleigh Bland, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Sara J. Sherman, NC Wildlife Resources Commission, 1720 Mail Service Center, Raleigh, NC 27699 AtA NCDEE R North Carolina Department of Environment and Natural Pat McCrory Governor December 2, 2014 MEMORANDUM M, SUBJECT Applicant: Project Location: 2 01 41 253 Resources John E Skvarla, III Secretary Karen Higgins, Compliance and Permitting Unit Supervisor DWR - Water Quality Program r_--_ Daniel Govom Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application NC WRC, in association with Perquimans County the end of N Granby St within the Perquimans County Commerce Centre Proposed Project: Public boat access with concrete boat ramp, vinyl walls, floating docks, mooring piles, parking lot, driveways, & a restroom facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/23/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252- 247 -3330) If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264 -3901 When appropriate, in -depth comments with supporting data are requested REPLY: /This agency has no objection to the project as proposed ✓ This agency has no comment on the proposed project SIGNED This agency approves of the project only if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments DATE �1 1//// y 1367 US 17 South, Elizabeth City, NC 27909 11 FAX 252-264-3723. Internet www nccoastalmanagement net An Equal opportunity 1 Affirmative Action Employer �L ? Cr O O z zit "O m D r 00 O z N p � O u-n N j ° w m z'2 < cu q O 3 T. oO m m m z X, N (OD v o° CID a G C I I I 'O I0) I E V m a 3 f v 0 v m m rn D I ®. cyl o -- r IT ,I i g II N O I— NO 110 l : V X A O w 2 d O z C c (T ry 0 i N � � xa N O & O EP r- @ 'i � m A 0 S. m a v o f, o rn - m� � �L ? Cr O O z zit "O m D r 00 O z N p � O u-n N j ° w m z'2 < cu q O 3 T. oO m m m z X, N (OD v o° CID a G C I I I 'O I0) I E V m a 3 f v 0 v m m rn D I ®. cyl o -- r IT os = uolleowsselo ;00£9 4jpyM �3nid sNdwrnt�d3d ~ya HERTFORD BAA RAMP AREA DETAILS °o O -n O 0 0 N 2 czJ "! I ro v i; OIjTH, CAROLINA WILDLIFE RESOURCES COMMISS DIVISIdN OF ENGINEERING & LANDS MANAGEMENT 1720 MAIL SERVICE CENTER IOH, NORTH CAROLINA 27699 Phone: 919.707.0150 Felc: 919.707.0162 ,I i 110 l : i xa 'i INN f, :'111'�JII �•I .!��i��� = oL A V v , I os = uolleowsselo ;00£9 4jpyM �3nid sNdwrnt�d3d ~ya HERTFORD BAA RAMP AREA DETAILS °o O -n O 0 0 N 2 czJ "! I ro v i; OIjTH, CAROLINA WILDLIFE RESOURCES COMMISS DIVISIdN OF ENGINEERING & LANDS MANAGEMENT 1720 MAIL SERVICE CENTER IOH, NORTH CAROLINA 27699 Phone: 919.707.0150 Felc: 919.707.0162 I \ II \ \ N \ r- \ \\ \\ \ III 11\ G \ I _ \ s vvv q JJ U04 L'�fIS�Lvv� \� ,0009 = udPAA pin�i a4 1'iA� ,l��.y_� "�I �FTY 9��{AIS. ©'!{S�Ki � \•�,\ \\ \ \' \ f � _ � HERTFORD BAA Y RAMP AREA COFFERDAM CONSTRUCTION Y` n 0 m a w w W m o a w j I rn a < cp `s _ ...o p N -<D _m - - - � (D N � \ (D ° w- w � w C a 3 5 (n _ m (D o a o � w m -I m 0 0 \ �� o ° CD m 0 Q n m ° m � O 0 N ID o w 0 o � � m O -o (6 0 Ci rn m o c Cram a 0 D (D m o � j I rn a < cp `s _ ...o p N -<D _m - - - � (D N � \ (D ° - \ \ \ \ \ \ \ \ \ \ % 0 _ \ \F_ \ \ \ \ '1t \ � -- . y i ' \�\ — —� NORTH CAROLINA WILDLIFE RESOURCES COMMISSION - oi. DIVISION OF ENGINEERING & LANDS MANAGEMENT INn. I /7U MAIL SERVICE CENTER kALEIGH, NORTH CAROLINA 27699 e Rhone: 919:707.0150 I ex 919.707.0152