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HomeMy WebLinkAbout20160273 Ver 1_No Written Concurrence_20160328Water Resources ENVIRONMENTAL OLI ALIT I111 111 .NN 1 Mike Riley 154 Great Oak Drive Hampstead, NC 28443 Subject Property: Dear Mr. Riley: March 28, 2016 154 Great Oak Drive, Hampstead No Written Concurrence Needed PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN DWR Project N 20160273 Pender County Director You have our approval, in accordance with the attached conditions and those listed below to expand an existing docking facility, as described in your CAMA application dated March 10, 2016 and received by the Division of Water Resources (DWR) on March 10, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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 or CAMA Permit. 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 .0502). State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Mike Riley D W R Permit N 20160273 March 28, 2016 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .05021. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. 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)] 5. 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. 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)] 6. SAVs Please note that the area surrounding the existing docking facility contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. [15A NCAC 07H .0208(b)] Please understand that since the waters around your project area have been identified as containing SAVs in an outstanding Resource Water (ORW) and should dredging within the proposed project area arise in the future, that it will be denied. Please be aware that new dredging in an ORW containing SAVs is not allowed under 15A NCAC 02B .0225(c)(2) and is a degradation of water quality standards and therefore considered a water quality violation. 15A NCAC 02B. 0201(e) 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] Mike Riley DWR Permit N 20160273 March 28, 2016 Page 3 of 4 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 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. Continuing Compliance: 10. The applicant/permitee and their authorized agents shall conduct all activities in a 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 to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 11. 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: h,tp://Portal.ncdenr.org/web/wci/swo/ws/401/certsand perm its/apply/forms). [15A NCAC 02H .0506(b)(5)] 12. 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)). 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. 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. Mike Riley DWR Permit # 20160273 March 28, 2016 Page 4 of 4 The petition maybe 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.aov. Sincerely, anne Steenhuis enior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3883 cc: Mark Clements—Clements Marine Construction Inc. — electronic copy Liz Hair - USACE Wilmington Regulatory Field Office —electronic copy Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Heather Coats - DCM Wilmington—electronic copy WiRO