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Home My WebLink About20041507 Ver 4_Approval Letter_20150813A WMA RA RCDENR North Carolina Department of Environment and Natural Resources August 13ZD15 Attn: Mr. Daniel Cabe 1718 Highway 56 West Donald R. van der Vaart Secretary V illy Halifax Couln Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Weldon Boat Access Floating Dock Support USACE Action ID. No. SAW-2004-20055 Attached hereto is a copy of Certification No. 4027 issued to Mr. Daniel Cabe and NC 0 Wildlife Resources Commission, dated August 13, 2015. Please note that you should g 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. I 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH clurinip normal office hours (Monday through Friday between 8:00am and 5:00pm, 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. Division of Water Resources —4O1& Buffer Permitting Unit 1817 Mail Service Center, Raleigh, North Carolina 27OQA1O17 Location: 512N Salisbury St, Raleigh, North Carolina 27684 Phone: S19-8O7-63OO\ FAX: 01Q-8O7-6432 |ntemotwwwomwa1erqua|i!y»rg An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper Mailing address for the OAH: If sending via i8Postal Service: Office of Administrative Hearings G714 Mail Service Center Raleigh, N[27699'67I4 NC Wildlife Resources Commission DVVR#O4'15O7V4 Individual Certification #4O27 Page 2 of 6 If sending via delivery service (UPlFedEx,etc): Office of Administrative Hearings 171l 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 lGO1 Mail Service Center Raleigh, NC27699-16D1 Unless such a petition is filed. this Certification shall be final and bind;ng. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A0CACO3H.05OO Contact meat919-8O7-G36Oorkaren.higginsp- ncdenrRovor Jennifer Burdette at 919-807-6364 or iennifer.burdette(@ncdenr.gov if you have any questions or concerns. cc: USA[E Raleigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal [enter, 61 Forsyth Street SW, Atlanta, GA 30303 [>VVNRRC]4O1file DVVR4O10i Buffer Permitting Unit file Filename: U415O7V3VVe|don8oatAcces F|oatn8DnckSupport(Ha|ifax[_4O1-I[.docx �"TIT 5=Flifnission DWR# 04-1507 V4 Individual Certification #4027 The State of North Carolina certifies that this activity will not violate the applicable portions of 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 • 1. Impacts Approved The following impacts are hereby approved provided that all of the other conditions of this Certification are met. No other impacts are approved, including incidental impacts. [15A zffffffflmt ! , W, U-191 • . . . Amount Approved (units) Permanent 0.036 (acres) F-in'JUrm- O�fmolu (units) Temporary 0 (acres) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint • the impacts depicted in the Pre-Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be ,terformed so that no violations of state water vualito 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. 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 NPIDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: DWR# 04-1507 V4 Individual Certification #4027 Page 4 of 6 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. 6. 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] 7. Construction Stormwater Permit NCGO10000 An NPIDES 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 (NCGOIOOOO), inspection log sheets, and other information may be found at t11p'&ortaI.ncdenr.orRZwebZw qLLs portal.ncdenr.ore /web /wq /ws /su/npdessw #tab -w. 15A NCAC 02H .0506(b)(5) and (c)(5)] I Individual Certification #4027 M-MOM 9. 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 02B .0200] 10. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 11. 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)] 12. 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] 13. This Certification does not relieve the applicant of the responsibility to obtain all oth required Federal, State, • Local approvals. i NC Wildlife Resources Commission Individual Certification #4027 MMOM 15. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable 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 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] 16. 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://porta1.ncdenr.org/webZwg/swp/ws/401/certsandPermits/apply/forms). [15A NCAC 02H .0502(f)] 17. 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 or 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 of issuance shall remain in effect for the life of 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. H"