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HomeMy WebLinkAbout20150316 Ver 1_No Written Concurrence_20150428HCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der V88rt Governor Secretary April 28,20lS You have our approval, in accordance with the attached conditions and those listed below to construct an observation dock, as described in your CAK4A application dated March 20 2015 and received bvthe Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on March 20,2015. After reviewing your application, vve have decided that the impacts are covered hy 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, Noo-diycharQe, and ytorrnwaterregulations. Also, this approval tp proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits orCAMA Permit. This approval b 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 tm send uso new application. |f the property issold, the new owner must be given a copy of this General Certification and approval letter and isthereby responsible for complying with all conditions. |f total fills for this project (nnvvorinthefutuns) exceedgne acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A N[4CZH.OS06/h\. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed mn 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 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 io their name /1SAN[ACO2H.0SO1 and .O502i z27 Cardinal Drive Extension, Wilmington, North Carolina I8uO5 Phone: g10-7gx-7715\Internet: An Equal Opportunity � Affirmobve Action Employer — Made in part by recycled paper Kenneth W. Futch DWR Project # 2015 0316 April 28, 2015 Page 2 of 4 2. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..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 3. 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)1 4. 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 0213 .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. Continuing 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. [15A NCAC 02H .0507(d)] Kenneth W. Futch ovvn Project #z015V316 April 28,3016 Page 3of4 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 38(thirk) days nf project completion. Mail to: NCDENRDVVR4O1 and Buffers Unit North Carolina Division of Water Resources, 1817 Mail Service Center, Raleigh, NC, 27699. The certification of completion io available at: i[1S4NCACD2H 11. This certification grants permission to the director, onauthorized representative of the Director, wr DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours /15ANCACO2H.O5QZ(e)\. Violations wf any condition herein set forth may result |n revocation of this Certification and may result ln criminal and/or civil penalties. The authorization 10 proceed with your proposed impacts mrtoconduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 4U4u,CAk4APermit, If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file e petition for anadministrative hearing. You may obtain the petition fnnn from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty /J0\ days qf receipt of this notice. A petition is considered filed when itis received iD the office uf 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 b 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, N[27690'6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department uf Environment and Natural Resources 1GD1 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding Kenneth W.mtch DWR Project #2015O]16 April 28,2015 Page 4nf4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 1SANCACD2H1)SO0. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at919.8O7.6364orbve-mail or myself io the DVVR VVi1nn/n81nn Regional Office at 910.796.7306 nrbve-mail . 1omnmeSteenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, N[DENH Enclosure: GC 3883 cc: Liz Hai[- USA[E Wilmington Regulatory Field Office Jennifer Burdetbe-QVVR4O1 Wetlands and Buffers Unit Jonathan Howell -DC&4 Morehead City— electronic copy Tara McPherson 'DCMWilmington VViRO