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HomeMy WebLinkAbout20151119 Ver 1_Approval Letter_20161216 PAT MCCRORY DONALD R. VAN DER VAART YtraterResources S. JAY ZIMMERMAN ENVIRONIIENIAL OUALITI December 16, 2015 New Hanover County DWR Project: 15-1119 North Carolina State Ports Authority Attention: Mr. Jeffrey E. Miles P.O. Box 9002 Wilmington NC 28402 Subject Property: Relocation of Liquid Bulk Pier - Wilmington Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Miles, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.0003 acres (approximately 15 square feet) of coastal wetlands and to dredge approximately 100,000 cubic yards of material from approximately 6.4 acres of shallow bottom habitat [the waters in the area of the proposed dredging are classified as SC by the DWR and the Division of Marine Fisheries has designated this area as Primary Nursery Area(PNA)],to expand the facility to accommodate larger ships,to allow for the relocation of an existing liquid bulk pier, and to achieve a desired finished depth of-44 feet Mean Lower Low Water(MLLW)with 3:1 side slopes as described within your application received by the Division on October 27, 2015 and as noted within a letter dated November 24, 2015 from the National Marine Fisheries Service to Colonel Kevin P. Landers, Commander of the U.S.Army Corps of Engineers Wilmington District. 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: http://portal.nedenr.org/web/wq/swp/ws/401/certsandpermits. 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 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 State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh,North Carolina 27699-1611 919 707 9000 NCSPA-Relocation of Liquid Bulk Pier '.. New Hanover County r 2015-1119 be required as described in 15A NCAC 211 .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Type of Impact Amount Approved (Units) Plan Location or Reference 404 Wetlands 0.0003 acres (15 Square feet) Application and NMFS correspondence Open Waters (Cape Fear 6.4 acres Application and NMFS River) - dredging correspondence 2. Mitigation A Mitigation plan approved by the Army Corps of Engineers is required prior to commencing any impacts approved in this certification. The DWR shall be provided two (2) copies of the final mitigation plan. 3. 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}. 3. 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 0211 .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. 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 NCAC 02H .0507 (c) and 15A NCAC 0211 .0506 (b)(2) and (c)(2)] NCSPAI.Relocation of Liquid Bulk Pier New Hanover County 2015-1119 6. Continuing Compliance: The applicant/permittee 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)] 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 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f),and GS 143 Article 21A]. 9. 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). 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 NCDEQ 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: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). 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 final and binding unless contested. 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 petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. NCSPA-Relocation of Liquid Bulk Pier New Hanover County 2015-1119 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 8:00 am and 5:00 pm, 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 DEQ: 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.Burdette(a�ncdenrgov or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn a ncdenr.gov. Sincerely, `�� Jim Gregs n '44a1 Supervisor kyr', Water Qua '.. ' ional Operations Section Wilmington Regional Office Division of Water Resources,NCDEQ Enclosure: GC 3900 cc: Todd Walton—P.O. Box 9002, Wilmington,NC 28402 Tyler Crumbley -USACE Wilmington Regulatory Field Office Heather Coats—DCM Wilmington WiRO PAT MCCRORY DONALD R. VAN DER VAART Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALM V DWR Project No: County: Applicant: Project Name: • 401 Water Quality Certification Issued Date: 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 is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from alkof these. Applicant's Certification l , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe(periodically,weekly, full time)the construction of the project,for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: State of North Carolina Environmental Quality I Water Resources 1611 Mail service Center I Raleigh,North Carolina 27699-1611 919 707 9000