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HomeMy WebLinkAbout20090291 Ver 2_No Written Concurrence_20160125J 0 Water Resources ENVIRONMENTAL QUALITY January 25, 2016 MCAS Cherry Point Attn: George Radford, Environmental Affairs Officer Building 4233 Access Road Cherry Point, NC 28533-0006 PAT MCCRORY coreivo - 1 DONALD R. VAN DER VAART Secrerary S. JAY ZIMMERMAN Director DWR Project # 2009 0291 V2 Carteret County Subject Property: Facility 4080 Repair Thorofare Bridge, Atlantic No written Concurrence Needed Dear Mr. Radford: You have our approval, in accordance with the attached conditions and those listed below to permanently impact 0.02 acres of open water in order to repair a bulkhead, as described in your Pre - Construction Notification (PCN) application dated November 5, 2015 and received by the Division of Water Resources (DWR) on November 10, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 3883 (GC 3883) and 3890 (GC 3890). These Certifications allow you to use the Nationwide Permits # 3 and #18 when issued by the US Army Corps of Engineers. In addition, 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 General Permits. 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 be given a copy of this General Certification and approval 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 in the attached certification and any additional conditions listed on the following pages. 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 (15A NCAC 02H.0501 and .05021. State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MCAS Cherry Point Attn: George Radford DWR Project # 2009-0291 V2 January 25, 2016 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the 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 permitee 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 NCAC 02H .0507 b© and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons 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 Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. 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 21 A] 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 0213.0200 (3)(f)] 6. 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. 7. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http•//portal ncdenr ore/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 8. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H.0502 (e)). s• MCAS Cherry Point Attn: George Radford DWR Project # 2009-0291 V2 January 25, 2016 Page 3 of 4 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 Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer.Burdette@ncdenr.eov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis@ncdenr.gov. Sincerely, anne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDEQ MCAS Cherry Point Attn: George Radford DWR Project # 2009-0291 V2 January 25, 2016 Page 4 of 4 Enclosures: GC 3883 GC 3890 cc: Anna Lee Bamforth, P.E., L.S. — C. Allan Bamforth, Jr., Engineer -Surveyor, Ltd. - electronic copy Jessica Guilianelli — MCAS Cherry Point Environmental Affairs Dept. — electronic copy Micky Sugg - USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Courtney Spears - DCM Morehead City— electronic copy WiRO