HomeMy WebLinkAbout20040393 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)