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Home My WebLink About20040393 Ver 2_Approval Letter_20151013North Carolina Department of Environmental Quality Pat McCrory Governor October 13, 2015 NOT A CAMA PERMIT Town of Kill Devil Hills Attn: Ms. Debora Diaz PO Box 1719 Kill Devil Hills, NC 27948 Subject: Approval of 401 Water Quality Certification with Additional Conditions Town of Kill Devil Hills Beach Renourishment Project Dear Ms. Diaz: Donald R. van der Vaart Secretary DWR # 04 -0393 V2 Dare County You have our approval for the impacts listed below for the purpose described in your application dated September 22, 2015 and received by the Division of Water Resources (Division) on September 24, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900 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 LAMA 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 certifications) 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)] Type of Impact Open Waters OW -1 (Bulkhead) Amount Approved (units) Permanent 84.28 (acres) Amount Approved (units) Temporary Plan location/ Reference Attached 0 (acres) LAMA PLAN Sheet Nos. 3 through 16 of 24 2. 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 Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252 - 975 -37161 Internet: www.nodenr.gov An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper Town of Kill Devil Hills Attn: Ms. Debora Diaz DWR # 04 -0393 V2 401 APPROVAL Page 2 of 4 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 Quality Certification 9 AMAD t't The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [15A NCAC 02B .0507(c)] 4. 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] 5. Turbiditv 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 .0221] 6. Re Opener Clause The Town of Kill Devil Hills and their 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. The Town of Kill Devil Hills 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 The Town of Kill Devil Hills 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 Town of Kill Devil Hills Attn: Ms. Debora Diaz DWR # 04 -0393 V2 401 APPROVAL Page 3 of 4 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. 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, INC 27699 -1650. [15A NCAC 02H .0507 (c)] B. 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 r)ortal.ncdenr.org/ web /wa /swp /ws/ 401 /certsandr)ermits /apply /forms). 115A NCAC 02H .0506(b)(5)] 9. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51 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 htto: / /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: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 Town of Kill Devil Hills Attn: Ms. Debora Diaz DWR # 04 -0393 V2 401APPROVAL Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauRh @ncdenr.Rov if you have any questions or concerns. Sincerely, 7- Robert Tankard, Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City Lynn Mathis, DCM Elizabeth City Josh Pelletier, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) Laserfiche File Kenneth Willson, Coastal Planning & Engineering of North Carolina, Inc. (via email: kenneth.willson @cbi.com)