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HomeMy WebLinkAbout20150054 Ver 1_Approval Letter_20150204. ..... HCDENR rVi Pat McCrory Donald R. van der Vaart Governor Secretary February 4,20l5 DWR Project #2015O0S4 Pender County Dear Mr. Yeaton: You have our approval, in accordance with the attached conditions and those listed below to add a boat lift to your existing docking facility, as described in your CAMA application dated January 14, 2015 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on January 14, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3A83). This Certification allows you tu use the General Permit 1987D0]56 when issued by the U6 Army Corps Vf Engineers and the [AMA Major PernnitvvheDisswedbu1he0visinnof Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or |uce| permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Nnn-dimcharge, and utnrmvvaterregulations. 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[AMAPermit. This approval is for the purpose and design that you described in your application. |fyuuchangeynur project, you must notify us and you may be required to send usa new application. If the property issold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. |f total fills for this project (noworinthefutune) exCeedone acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A N[AC2H .0506 (h). This approval requires you tm follow the conditions listed |n the attached certification and any additional conditions listed mn the following pages. The Additional Conditions of the Certification are: 1. This approva I is for the purpose and design described in your application. The plans and specifications for this project are incorporated bv reference as part of the Certification. |f 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 f1SAN[4I03H.8501 and .05O2}. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\Internet: An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper Bob Yeaton DW R Project # 2015 0054 February 4, 2015 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 (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 letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] S. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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. management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A] 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. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 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. Bob,eatun mwx Project w2015 0054 February *.zuzs Page sm* Continuing Compliance: 9. The app|kont/ne/mitee and their authorized agents shall conduct all activities |na 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 0[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. [15A NCAC 02H .0507(d)] 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 3D(thirty) days of project completion. Mail to: NCDENRDVVH481 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: \.(1SANCACO2H 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 (l5AN[ACO2H.O502(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 tu proceed with your proposed impacts ortoconduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration nf the 4O4orC4K4APermit. |f you wish tn contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file o 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 ofAdministrative Hearings within thirty (3O) days of receipt of this notice. A petition is considered filed when |t|s 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 maybe faxed-provided the ori 'na|andonecopy of the d0cu me ntiS received bythe Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office uf Administrative Hearings 6714 Mail Service Center Raleigh, NC27699-6714 Te|ephone:/919\'733'2698 Facsimile: (919)-733-3478 Bob Yeatoo DWR Project wmo00m February 4, 2015 Page *m* A copy ofthe petition must also be served onDENRas follows: John Evans, General Counsel Department of Environment and Natural Resources 1G01 Mail Service Center Raleigh, NC27699'16O1 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 15AN[ACO2H.05O0. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at919.8Q7.D384urbve-mail or myself in the DVVk Wilmington Regional Office at 910.796.7306 or by e-mail . anne SteenhVis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3883 cc: Mark Clements —Clements Marine Construction Inc. —electronic copy Tyler Crum b|ey ' USACE Wilmington Regulatory Field Office - electronic ]enniher8urdette DVVR4D1 Wetlands and Buffers Unit Jonathan Howell DCK1 Morehead City— electronic copy Tara MacPherson -DCK4Wilmington VViHO Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Donald R van der Vaart Secretary January 14, 2015 '• ECEf1JE MEMORANDUM: JAN 14 2015 TO: Joanne Steenhuis 401 Wetlands BY: DWR - WiRO FROM: Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA Major Permit Application Review Applicant: Bob Y on 4�50149 X) Project Location: 117 White Heron Cove Rd., adjacent to Old Topsail Creek (locally know as Nixon Creek), in Hampstead, Pender County Proposed Project: to expand an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howefl at the address above by February 7, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson (910) 796 -7425, when appropriate, in -depth comments with supporting data is requested. 6 6--�- REPLY: This agency has no objection to the project as proposed. �- z jS This agency has no comment on the proposed project L' 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. SIGNGD.J �_— DATE � r 6Z, 127 Cardinal Drive Ext , Wilmington, NC 28405 FE8 9 Phone 910 -796 -72151 FAX 910 -395 -3964 Internet www nocoastalmanaaement net 2015 An Equal Opportunity 1 Affsrma" Aclgn Employer