HomeMy WebLinkAbout20141115 Ver 1_Approval Letter_20150323NCDENR
North Carolina Department of Environment and Natural Resourcl
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Mr. Richard Cohen
110 Lee Court
Kill Devil Hills, NC 27948
Donald R. van der Vaart
Secretary
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Subject: Approval of Individual 401 Water Quality Certification with Additional Conditiom!
Outer Banks Landscaping
USACE Action ID. No. SAW-2014-00968
Attached hereto is a copy of Certification No. 4017 issued to Mr. Richard Cohen, dated
March 23, 2015. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, including those required by (but not limited to)
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Ce ' rtificatichn can Ihizi
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition f
an administrative hearing to the Office of Administrative Hearings (hereby known as OA
within sixty (60) calendar days. ki
A petition form may be obtained from the OAH at http:/
/.www.ncoah.com/` or by calling tq-2
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when t
original and one (1) copy along with any applicable OAH filing fee is received in the OAH duri
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding offici
state holidays).
may De Taxe15-f(57Nr#74A-R75YYF45' =44, illfiroll one copT
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Division of Water Resources —401 & Buffer Permitting Unit
1817 Mail Service Center, Raleigh, NmthCarolima27O89-1017
Location: 512N Salisbury St, Raleigh, North Carolina 27684
Phone: S10-8O7-6300\ FAX: 01Q0O7-6402
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An Equal Oppodunity \ Affirmative Aclion Employer -- Made in part by recycled paper
Mr. Richard Cohen
DWR# 14-1115
Individual Certification #4017
Page 2 of 7
If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, 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 the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Roberto Scheller at 282-948-3940 or
roberto.scheller@ncdenr.gov or Jennifer Burdette at 919-807-6364 or
iennifer.burdette@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: George Wood, Environmental Professionals, Inc., P 0 Box 3368, Kill Devil Hills, NC
27948
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WaRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 1411150uterBanksLandscaping(Dare)-401—IC.docx
Mr. Richard Cohen
•
DWR# 14-1115
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Conditions of Certification:
1. Impacts Approved
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, includi ri
incidental impacts. [15A NCAC 02B.0506(b)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.39 (acres)
0 (acres)
Mr. Richard Cohen
DWR# 14-1115
�&iW-u21r_eTA+f c2tw�r�*1174
Page 4 of 7
3.
• waste, spoil, solids, • fill • any kind shall occur in wetlands, waters, • riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for tM�
project. 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]
4. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
Page 5 of 7
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http:Z/portal.ncdenr.orgZwebZwqZws/su/nr)dessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
Work in the Dr
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213.0200]
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and
10. All temporary pipes/culverts/riprap pads etc, shall • installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
anR (c)(2)]
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12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. Continuing Compliance
Mr. Richard Cohen shall conduct construction 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 and Federal
law. [15A NCAC 0213.0200] If the Division 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,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Mr. Richard Cohen and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be
provided to Mr. Richard Cohen in writing, shall be provided to the U.S. 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.
f-7. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http://r)ortal.ncdenr.org/web/wq/swr)/ws/401/certsandpermitsLapply/forms).
[15A NCAC 02H.0502(f)]
PITARESCOW"I
Page 7 of 7
18. 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)]
This approval to proceed with your proposed impacts • to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date • issuance shall remain in effect for the life • the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 23rd day of March 2015
"A
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
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