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Home My WebLink About19990383 Ver 2_Approval Letter_20150501Pat McCrory Governor 2=�� NCDENR North Carolina Department of Environment and Natural Resources May 1, 2015 Donald R. van der Vaart Secretary DWR Project # 19990383 v2 Carteret County Somerset Plantation HOA Attn: John Ellis THIS PO Box 2338 IS NOT Morehead City, NC 28557 CAMA Subject Property: Somerset Marina, Newport Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ellis: You have our approval, in accordance with the attached conditions and those listed below to conduct maintenance dredging on the existing marina basin and channel, replace portions of existing bulkhead and install a vinyl groin as described in your CAMA application dated March 24, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on March 26, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit 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, Water Supply Watershed, 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 404 or CAMA Permit. 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 1. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 - 796 -7215\ Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Somerset Plantation HOA Attn: John Ellis DWR Permit # 19990383 V2 May 1, 2015 Page 2 of 4 2. . Any final construction plans for this project must include or reference the application and plans approved by the Division under this 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)] The applicant shall require his 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. 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 shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. 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. 5. 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 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: 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)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids 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 and after hours and on weekends call (800) 858 -0368. 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 21A]. Somerset Plantation HOA Attn: John Ellis DWR Permit # 19990383 V2 May 1, 2015 Page 3 of 4 8. 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)]. 9. 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). 10. SAVs Please note that the area surrounding the proposed dredging contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)] 11. 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 completed 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: / /porta1.ncdenr.or.g/ web /wci/swp /ws/ 401 /certsandPermits /apply /forms). 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. This approval and its conditions are final and binding unless contested. This Certification 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 form 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 8:00 am and 5:00 pm, 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. Somerset Plantation HOA Attn: John Ellis DWR Permit # 19990383 V2 May 1, 2015 Page 4 of 4 Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or lennifer.Burdette @ncdenr.eov Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.eov . incerely, im G egson, Regional Sup rvisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Gary Gillikin— electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Heather Styron — DCM Morehead City — electronic copy Jennifer Burdette — Wetlands and Buffer Unit Daniel Govoni - DCM Morehead City — electronic copy WiRO N ,