20080806 Ver 1_Approval Letter_20080623

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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
June 23, 2008
DWQ Project # 08 0806
Multi Counties
Coastal Counties
US Army Corps of Engineers, Wilmington District
Attn: W. Coleman Long
PO Box 1890
Wilmington, NC 28457
Subject Property: Wilmington District Corps of Engineers'
maintenance dredging program
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Richter:
You have our approval, in accordance with the attached conditions and those listed below, to
continue to dredge all authorized coastal navigation channels in North Carolina and dispose of
the dredged material on previously disposal sites including ocean front beaches, confined upland
disposal facilities, unconfined bird nesting islands, waters and open waters adjacent to the
channel being dredged as described in your Express 401 application dated May 1, 2008 and
additional information received in the Wilmington Regional Office (WiRO) on May 12, 2008.
After reviewing your application, it has been determined that the impacts are covered by General
Water Quality Certification Numbers 3682 (GC3682), 3684 (GC 3684), 3698 (GC3698), 3700
(GC3700) and 3703 (GC 3703). These Certifications will only be valid when you get your
consistency concurrence 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 Certifications associated with this project, the 404 or CAMA
Permit (whichever applies).
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 will be required to send us a new application. If the
property is sold, the new owner must be given a copy of these Certifications 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 certifications and any additional conditions listed below.
Non`hCarolina
?tura<!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
US Army Corps of Engineers, Wilmington District
Attn: W. Coleman Long
DWQ # 08-0806
June 23, 2008
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts
are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404/401 Wetlands N/A (acres)
Waters (coastal
navigation channels) Multi acres
- http://www.saw.usace.army
-.mil/nav/map.htm
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 Pre-Construction Notification.
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.
3. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
4. All Construction Moratoriums and Coordination
All construction moratoriums established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout,
anadromous fish, larval/post-larval fishes and crustaceans or other aquatic species of
concern must be obeyed. If activities should take place during periods of high biological
activity (e.g. bird or sea turtle nesting), biological monitoring may be required at the
request of other state or federal agencies and coordinated with these dredging activities.
5. Please notify the appropriate Regional Office(s) with the dredging schedule for their
region and contact them for any emergency dredging projects as they arise. Please contact
DWQ and DCM for any projects that arise or are to commence so that they are aware of these
projects within their areas.
Page Three
US Army Corps of Engineers, Wilmington District
Attn: W. Coleman Long
DWQ # 08-0806
June 23, 2008
If you do not accept any of the conditions of these Certifications (associated with the approved
wetland. waters or stream impacts), you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Violations of any condition herein set forth may result in revocation of these Certifications 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
these Certifications shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan in the Central Office in
Raleigh at 919.733.1786, Joanne Steenhuis in the DWQ Wilmington Regional Office at
910.796.7215 or Roberto Scheller of the Washington Regional Office at 252.946.6481.
Sin ely,
49L Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3682
GC 3684
GC 3698
GC 3700
GC 3703
cc: Jeff Richter - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Roberto Scheller - DWQ Washington Regional Office
Stephen Rynas - DCM Morehead City
Central Files
WiRO