HomeMy WebLinkAbout20150880 Ver 1_Approval Letter_20150921North Carolina Department of Environmental Quality
Pat McCrory
Governor
September 21, 2015
NOT A CANI� PERT
Isabelle W. Cantrell
400 Lawson Road
Washington, NC 27889
Donald R. van der Vaart
Secretary
DWR # 15 -0880
Beaufort County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar - Pamlico River Riparian Buffer Impacts with Additional Conditions
Cantrell Property -233 Robert Cox Road, Bath
Dear Ms. Cantrell:
You have our approval for the impacts listed below for the purpose described in your application dated
August 26, 2015 and received by the Division of Water Resources (Division) on August 28, 2015. These
impacts are covered by the attached Water Quality General Certification Number 3900, Tar - Pamlico River
Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA
Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. 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, including
incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 028. 0259(7)]
Type of Impact Amount Approved (units) Amount Approved
Permanent (units)
Temporary
Open Waters
OW -1 (Bulkhead)
0.04 (acres)
0 (acres)
OW -2 (Rip -Rap
0.044 (acres)
0 (acres)
Revetment)
OW -3 (Pier and
0.01 (acres)
0 (acres)
Platform)
Buffers -Zone 1
B -1 (Bulkhead)
1,800 (square ft.)
0 (square ft.)
Plan location/
Reference Attached
CAMA PLAN Sheet
No. 1 of 2
LAMA PLAN Sheet
No. 1 of 2
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 \ Fax: 252- 975 -3716\ Internet: www.nrdenr.gov
An Equal opportunity I Afirmalive Action Employer- Made in pad by recycled paper
Isabelle W. Cantrell
DW R # 15 -0880
401 AND BUFFER APPROVAL
Page 2 of 4
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by refer f the Certif cationrlfyou
change your project, you must notify the Division and you may equired]to sutimit 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. [15A NCAC 02B .0507(d)(2)]
3. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3900. [15A NCAC 02B .0507(c))
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees /shrubs /forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they
will need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233
(6)]
5. 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 Washington Regional
'Office at 252.946.6481 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]
6. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .02211
7. Re Ooener Clause
Isabelle W. Cantrell
DWR # 15 -0880
401 AND BUFFER APPROVAL
Page 3 of 4
Isabelle W. Cantrell and her authorized agents shall conduct their 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 law and federal law. Isabelle W. Cantrell shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWR 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, DWR may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWR shall notify the Isabelle W. Cantrell
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to DWR in writing, shall be provided to the
United States 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.
8. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -
erosive velocities through the protected stream buffers and will not re- concentrate before
discharging into the stream as identified within 15A NCAC 2B .0259(5).
9. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)] .
10. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
htt : /Dortal.ncdenr.ora /web /wo /swp /ws/ 401 /certsandoermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
11. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
These Certifications 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). A petition form may be obtained from the OAH at httD: / /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
Isabelle W. Cantrell
DWR # 15 -0880
401 AND BUFFER APPROVAL
Page 4 of 4
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, 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.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
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:
Sam H. 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 under section 401 of the Clean Water and Tar - Pamlico River
Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauah @ncdenr.pov if
you have any questions or concerns.
Sincerely,
3 ; .�
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Laserfiche
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