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HomeMy WebLinkAbout20150512 Ver 1_No Written Concurrence_20150622Pat McCrory Governor May 23, 2015 MEMORANDUM: ��� iCDENR North Carolina Department of Environment and Natural Resource TO: Joanne Steenhuis 401 Wetlands DWR - WiRO 1 L 2 4 2015 DENR-WATER R_ES O_� UkCES AA. Donald R. van der Vaart RECEIVEDIRCDENR/M Secretary MAY 212015 Water Quality Regional operations Section office Wilmington Regional FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557,(Courier 11-12-09) SUBJECT: CAMA Permit Application Review Applicant: Anthony Jeffs Project Location: Tract 3 off of N. Anderson Blvd., adjacent to Topsail Creek, in Topsail Beach, Pender Co., based on the Pender County Tax record Proposed Project: Applicant proposes to install a platform and jet -ski lift adjacent to an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by June 16, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: LAThis agency has no objection to the project as proposed. 4e, �,>r This agency has no comment on the proposed project. 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. SIGNED l j DATE � (� � � � � — t ,; t, ,l N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Acton Employer A HCDEHR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R van der Vaart Governor Secretary C u e 22, 2015 n DWR Project # 2015 0512 lrll� A Pender County Anthony JeffsCj�ll/di 201 Beeston Ct Cary, NC 27519 Subject Property: Tract 3 off N. Anderson BLVD, Topsail Beach No written Concurrence Needed Dear Mr Jeffs You have our approval, in accordance with the attached conditions and those listed below to construct a platform and jet ski lift, as described in your CAMA application dated May 23, 2015 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on May 23, 2015 After reviewing your application, we have decided that the impacts are covered by 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, Non -discharge, 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 General Permits or CAMA Permit. This approval is 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 to send us a new application If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) 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 f 15A NCAC 02H 0501 and 05021 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone 910-796-7215\ Internet wwwwww ncdenrgov An Equal Opportunity \ Affirmative Action Employer —Made in partby recycled paper Anthonyleffs DWR Project # 2015 0512 June 22, 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 2B 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 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)] 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 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 Continuing Compliance i 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)] Anthony Jeffs DWR Project # 2015 0512 June 22, 2015 Page 3 of 4 10 Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion Mail to NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 The certification of completion is available at http //portal ncdenr org/web/wq/swp/ws/401/certsandPermits/apply/forms) [15A NCAC 02H 0506(b)(5)] 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 (15A NCAC 02H 0502 (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 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 If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a 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 of Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed when it is 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 may be faxed -provided the original and one copy of the document is 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 Lam' Raleigh, NC 27699-6714 Telephone (919)-733-2698, Facsimile (919)-733-3478 A copy of the petition must also be served on DENR as follows JUN 2 DENR Sam M Hayes, General Counsel 401 �=_``F'=_ Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding Anthony Jeffs DWR Project # 2015 0512 June 22, 2015 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H 0500 If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919 807 6364 or by e-mail Jennifer Burdette@ncdenr gov or myself in the DWR Wilmington Regional Office at 910 796 7306 or by e-mail Joanne Steen huis@ncdenr gov Sincerely, qba�nne Steenhuis or Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosure GC 3883 cc Mark Clements — Clements Marine Construction — electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City —electronic copy Jason Dail - DCM Wilmington WiRO