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HomeMy WebLinkAbout20130708 Ver 4_Staff Comments_20160805Coastal Management ENVIRONMENTAL QUALITY July 20, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: RECEIVED/NCDENR/DWR JUL 2 2 2016 i.rp�o::. flli .,: i.'J ,vq Inu.: ,,i a a,«( n PI PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director 1.V,If,riZ,y, I,y Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Elizabeth Letendre 1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co. Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from the ramp to an existing parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/10/16 to Courtney Spears Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. �yo Sti l�frn Jt✓�� This agency has no comment on the proposed project. Ltic_ Chi . ve z 13'7a�r/; This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED This agency objects to the project for reasons described in the attached comments. DATE `b -�-'^Nothing Compares — , State of North Carolina I Environmental Quality [ Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] I1F Water Resources ENVIRONMENTAL QUALITY June 29; 2016 Ms. Elizabeth Letendre 46 Eden Road Rockport, MA 01966 PAT MCCRORY Governor DONALD R. VAN DER VAART ser emry S. JAY ZIMMERMAN Director DWR # 13-0708 v3 Currituck County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification Elizabeth Letendre Lot 8 USACE Action ID. No. SAW -2013-01656 Dear Ms. Letendre: Attached hereto is a copy of Certification No. 4004 issued to Ms. Elizabeth Letendre, dated June 29, 2016, This Certification replaces the Certification issued on October 2, 2014. The applicant requested modification of the permit to add 0.035 acres of direct and indirect wetland impacts for an access road. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. 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 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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 8:00am and 5:00pm, 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. State of North Carolina I Environmental Quality l Water Resources 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919 807 6300 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 2 of 7 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: 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 shall be final and binding. This certification completes.the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov or Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins,Superviso� 401 & Buffer Permitting Branch cc: George Wood, P O Box 3368, Kill Devil Hills, NC 27948 USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WaRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 130708v3E1 izabeth Lete nd re Lot8(Currituck)_401_IC_Mod.docx Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4004 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Ms. Elizabeth Letendre, who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 11, 201, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on July 17, 2014, and your modification request received by the Division on May 31, 2016 and subsequent information received by the Division on June 22, 2016 and June 28, 2016. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved 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. Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary 404/401 Wetlands 0.133 (acres) 0 (acres) (shading) 404/401 Wetlands 0.076 (acres) 0 (acres) (fill) 2. Stormwater Management Plan The SMP approved by the Division of Energy, Mining and Land Resources on September 3, 2013 under the state stormwater program meets the requirements of the 401 Certification Program. [15A NCAC 02H .0506(b)(5)] No waste, spoil, solids, orfill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. 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 .0502] Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification #4004 Page 4 of 7 4. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site, and comply with the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 6. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: Ms. Elizabeth Letendre DWR# 13-708 v3 Individual Certification 44004 Page 5 of 7 http://portal.ncdenr.org/web/wq/ws/suZnpdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 8. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213 .02001 9. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)] 11. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Ms. Elizabeth Letendre DW R# 13-708 v3 Individual Certification #4004 Page 6 of 7 13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0200 and 15A NCAC 026 .0231] 14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the sample deed notification may be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. [15A NCAC 02H .0501 and .0502] 15. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 16. Continuing Compliance Ms. Elizabeth Letendre shall conduct construction 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 and Federal law. [15A NCAC 02B .0200] If the Division 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, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Ms. Elizabeth Letendre and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Ms. Elizabeth Letendre in writing, shall be provided to the U.S. Army Corps of Engineers 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. 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable 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 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] Ms. Elizabeth Letendre D W R# 13-708 v3 Individual Certification #4004 Page 7 of 7 18. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandi)ermits/apply/forms). [15A NCAC 02H .0507(c)] 19. 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)] 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 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 29nd day of June 2016 Karen Higgins, Supervise 401 & Buffer Permitting Branch