20041176 Ver 2_Approval Letter_20080523

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 23, 2008
Mr. Frank Rush
Town of Emerald Isle
75 Emerald Drive
Emerald Isle, NC 28594
Re: Town of Emerald Isle: Bogue Inlet Channel Erosion Response Project, Carteret County
Bogue Inlet [030503, 20-36-(0.5), SA, ORW]
DWQ #20041176, Ver. 2; USACE Action ID. No. 200100632
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rush:
Attached hereto is a copy of Certification No. 3741 issued to Mr. Frank Rush and the Town of
Emerald Isle, dated May 23, 2008. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Joanne Steenhuis, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Doug Huggett, DCM
Anne Deaton, P.O. Box 769, Morehead City, NC 27557
James Jarrett, Coastal Planning & Engineering of NC, Inc., 330 Shipyard Boulevard,
Wilmington, NC 28412
Filename: 041176v2BogueInletChannelErosionResponseProject(Carteret)401_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Ntara!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Frank Rush and Town of Emerald Isle
Page 2 of 4
NORTH CAROLINA 401 WATER May 23, 2008
THIS CERTIFICATION QUALITY CERTIFICATION
Laws 92-500 and 95-217 of the United in conformit
i
Qualit Y With the requirements of Section 401 Publicter
Q) Regulations in 15 NCAC 2H
y (DU, States and subject to the North Carolina Division
Emerald Isle, to maintenance dredge 7
on 27.55 acres of beach of which 8.5 acres i es of the new Bo Mr. Frank Rush Wa
ocean sh,oreSection .0500 to of
gue Inlet Channel a and the Town ri
.23 along the Bogue Inlet shoulder and is below the me and place mater al
Oak River Basin, associated with the recapture o high water line (MHW ) located
line at the western tip of Emerald Isle in he new Bogue Inlet f the alignment e m the W
White
western tip of Channel and top and design dimension of a
y lace material on the e beach to help
Portion
December
P Emerald Isle in Carteret County, North Carolina curb erosion at the
U.S. Arm ? and received by the DW ? Pm'suant to an application Army on 2008, dated
11, 2008 cn day of February and by Public Notices by
that the proposed work he application and supporting Y io Pro (received b Y the of 2008 will not result in a violation o documentation provides adequate y D WQ on
discharge guidelines. Therefore, the State of No assurance
violate the a North Carolina certifies that t applicable portions of Sections 301, 302,
303, 306 3 Quality Standards and
conducted in accordance with the his activity
hereinafter set forth. application, the su 07 of PL 92.500 and and PL 95-217 if
PPortin doc
g umentation, and conditions
This approval l is only valid for the
This described the Public Notice, purpose and design submitted in the application materials and
as in Certification is re g , prior notification a new
given a copy of the Certification and approval quired. If the propertwith all conditions of this Certification. letter Property
with sold , the new o wner and is thereby responsible for complying
Certification be issued in their name AnY new owner
te
additional compensatory fill the Division
• Should wetland or team
Otify and request the
and 7 mitigation mabe required as described fill in be 15A re
() If any pan revisions from the quested in the future,
impact or an increase in im approved site 1? NCAC 2H .0506
application for 401 Certi ficationi ma surfaces, the D P WQ result in a change in stream or wetland
the conditions listed below is re y red. required. For this a writin
quired. approval to be valid, cam d anew
Conditions of Certitlcation: Pliance with
1- Impacts Approved
The following impacts are hereb
general conditions of this here b
approved as lon
1111 acts area gas all of the other specific and
roved this Certification (or Isolated Wetland Pe
T e of Im act includin incidental im wit) are met. No other
Stream Amount q acts:
N/A feet) roved Units Plan Location or
Open water (Channel) Reference
7.23 acres
Sheets 2 and 3 of the
Town of Emerald Isle The Point
Shoreline Restoration and Bogue Inlet
Open waters Channel Maintenance Project (aerials
(nearshore/below 18.5 acres and drawin s
water MHW mean high Sheets 2
Town OfEmera Emerald Isle The Point
Shoreline Restoration and Bo ue Inlet
Mr. Frank Rush and Town of Emerald Isle
Page 3 of 4
May 23, 2008
Channel Maintenance Project (aerials
and drawings)
Buffers N/A (square ft.)
Sediment and Erosion Control:
2. 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. 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 404/4011'ermit 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project;
Continuing Compliance:
5. Mr. Frank Rush and the Town of Emerald Isle, 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 law and federal law. 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 to include conditions appropriate to assure compliance with such standards
Mr. Frank Rush and Town of Emerald Isle
Page 4 of 4
May 23, 2008
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Frank Rush and/or the Town of Emerald Isle
and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Frank Rush
and/or the Town of Emerald Isle in writing, shall be provided to the United States 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;
Other conditions:
6. If such activities should take place during periods of high biological activity (i.e. sea
turtle nesting), biological monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging activities;
7. The discharge shall be free of toxic substances in violation of state water quality standards;
8. 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 the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 23`d day of May 008
DIV ON F W TAE ALITY
Coleen H. Sullins
3741
CHS/cbk/ijm