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HomeMy WebLinkAbout20150968 Ver 1_Approval Letter_20151023 North Carolina Department of Environmental Quality Pat McCrory Governor Donald R. van der Vaart Secretary - October 23, 2015 Brunswick County DWR Project: 15-0968 Supply Group,Inc. Mr. Louie Lewis 2370cean Highway East Supply NC 28462 Subject Property: Lewis Dock Project- Supply Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Lewis, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.038 acres (1,634 square feet) of open waters to excavate a boat basin, to reconfigure and existing docking facility, and to replace and existing bulkhead as described within your . application received by the Division on September 17, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). 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 404 Permit. This Certification can also be found on line at: httu://portal.nedenr.or /wg eb/wq/swp/ws/401/certsandpennits. 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-begiven-a copy-of-this-Certification-andapproval-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_inAhe_attachedsertifuation anri any fifional conditions listed below, Division of Water Resources Wilmington Regional office 127 Cardinal Dr.Ext,Wilmington,NC 28405 Phone(9101798-7215 Internet www riodenr.nov An Equal Opportunity IAlprmalive Action Employer-Made in pan by recycled paper 2 Lewis Dock Project Brunswick County ' 2015-0968 The Additional Conditions of the Certification are: 1. 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 11 5A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b)and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents)to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. 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 4. 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. 5. The permittee 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 - -------NC-AC-02H.0507-(c)-and-15A-NC-\G02H:0506-(b)(2)-and-(G)(2)] -- 6. Continuing Compliance: e anA their anthnris.er9 aoantc shall enndiirt all activitif-.q inn 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 3 Lewis Dock Project Brunswick County 2015-0968 to assure compliance,than the Division may reevaluate and modify this General Water Quality Certification. [I 5A NCAC 02H .0507(d)] 7. 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 permittee/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 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 0211 .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. 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)]. 9. 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). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh,NC, 27699 within ten days of project completion. The certification of completion is available at: lhttp•//portal ncdenr ore!web'wq/swp/ws/401/cemandpermits/app],/fi onns). 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. - -- This-approval-and-its-conditions are_£oral_and binding_unless-contestcd 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 A etition form ma be obtained om e O H at bttp://w�A,w,.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 OAK 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 8:00 am and 5:00 pm, excluding official state holidays). 4 Lewis Dock Project - - - Brunswick County 2015-0968 - 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 M. 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 of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdettekncdenr.gov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn a,ncdem.gov. Sincerely, ` 1 Jim gson,Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources,NCDENR Enclosure: GC 3900 cc: Michael Norton–Compass Pointe Engineering,PA, 5041 Main Street, Suite 3, Shallotte, C-28470 – - y er Crumbley- U SACE Witinington Regulatory Field Office Heather Coats–DCM Wilmington