HomeMy WebLinkAbout20170056 Ver 1_RE Approval Letter Email_20171023Carpenter,Kristi
From: Peele, Catherine D
Sent: Monday, October 23, 2017 3:32 PM
To: Ward, Garcy
Cr. Carpenter,Kristi
Subject: Stumpy Point Dredging 2017
Attachments: RE: Stumpy Point Permit; Stumpy Point Emergency
Ferry Termina) Dredging, DWR 20170056, Approva)
Letter
Follow Up Flag: Follow up
Flag Status: Flagged
Garcy,
The NCDOT Marine Maintenance Unit will be performing maintenance dredging at the
Stump Point Emergency Ferry Terminal beginning mid to late November 2017. Last year
we requested authorization to perform this work but were held back at Southdock to do
more dredging and we were never able to make it to Stumpy Point. I have attached the
authorizations from USACE and DWQthat were given during the last request. We are
staying within the existing parameters of the channel and basin, dredging to the
authorized 10 foot depth, and will place the material in the Fish and Wildlife Upland
Disposal Site. The only change is that there is an estimated 43,736 cubic yards of
material to be removed.
Thank you,
Catherine Peele
Environmental Specialist
Ferry Division
252 305 7288 mobile
cdpeele@ncdot.gov
159 Lucinda Drive
Powells Point, NC 27966
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Carpenter,Kristi
From:
Sent:
Carpenter,Kristi
Friday, January 27, 2017 10:49 AM
To: Peele, Catherine D; 'tracey.l.wheeler@usace.army.mil';
Daisey, Greg; Brittingham, Cathy; Ward, Garcy
Subject: Stumpy Point Emergency Ferry Terminal Dredging,
DWR 20170056, Approva) Letter
Attachments:
All,
Stumpy Point Emergency Ferry Termina)
Dredging.pdf
This email is being sent to you because you have been identified as an electronic copy
recipient of the subj ect proj ect. If you have any questions about this email or the attached
permit, please contact Garcy Ward at 252-946-6481 or ����y.v✓��c�.(rr�r�cder��. r�,�v.
If you have General Certification questions please use the following link to access the site
map for General Certifications on our Website: h�.q�5://dec�.��v/�b�u.�/c%ivi:5i,�r�5/v✓�q.e�.-
�e5�u��e5/v✓��e� �e5�u��e5.-.pc�rna.�.5/v✓�5�.cv✓��e�.-:b��s�ch/4�)� �e�l�s�d5..-buffe�.-pc�rni:�5/4�)�-
�es�e��l cc��,ifac��a�s�s.
Sincerely,
Kristi Lynn Carpenter
Kristi Lynn Carpenter
Administrative Assistant
Transportation Permitting Unit
NCDEQ/Division of Water Resources — Wetlands Branch
919.707.8785 office
kiri�.t.i.l.yu�u�..:��.ir. �u�t�ir u��d�u�ir. r�u
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
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EI1Vl (U77IT1 PI7 tG �
Quality
ROY COOPER
r;ur¢rnor
MICHAEL S. REGAN
Sa-c rrv,n�
S. JAY ZIMMERMAN
�,,, �-�,�„�
lanuary 27. 2017
Dare County
NCDWR P%ject No. 20170056
Maintenance Dredeing
State Project No. 16.71080
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Catherine Peele
NCDOT, Ferry Division
159 Lucinda Lane
Powells Point, NC 27966
Deaz Mrs. Peele:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
maintenance dredging a[ [he SNmpy Point Ferry Terminal in Dare County:
O en Water Im acts in the Pamlico River Basin
Site Excavation in Open Waters
ac
Stumpy Point 6.5
Bav
The project shall be constructed in accordance with your e-mail request dated received January I I, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3894. This certitica[ion corresponds to the Nationwide Permit 35 issued by [he Corps of Engineers. In
addition, you should acyuire any other federal, state or Iocal permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Warer Supply Wacershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDW R and submit a new application. If the propeny is sold, the
❑ew owner must be given a copy of this Certification and approval letter, and is thereby responsible for comptying
with all 2he conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts ro streams (now or in the future) exceed I�0 linear feet, compensatory mitigation may be required as
described in 15A NCAC ZH .0506 (h) (6) and (7). For this approvai to remain valid, you must adhere to the
conditions lisced in the attached certification(s) and any additional conditions listed below.
-:"�"Nothing Compares"- �
State o(North Cawlina � Environmzntal Quality
I G 17 b1m I Sen icc Center I k�IcuJ�. tianh C�mlmu '_ 7fi9a-I fi 17
Condition(s) of Certification:
Project Specific Conditions
1. This approval authorizes the excavation of approximately 39,821 cubic yards of bottom material. This
material shall be properly disposed of into the approved US Fish and Wildlife Service upland spoil site.
[15A NCAC 02H.0506(b)(2)(3)]
General Conditions
1. The issuance of this certification does riot exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
2. The Permittee shall ensure that the imal design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
3. No rock, sand or other materials shall be dredged from the channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
4. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or bonow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
5. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]:
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.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
8. The permittee and its authorized agents shall conduct its 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 NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
9. 7'he Permittee shall report any violations of this certification to the Division of Water Resources wiUiln
24 hours of discovery. [15A NCAC 02B.0506(bx2)]
10. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (bx2) and (cx2)]
11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
ozH.oso2(fl�
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition fortn from the office of Administrative hearings. You must file the petirion
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepu filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition mus[ be filed with the Office of
AdminisOrative Hearings.
The petilion may be faxed-provided the originai and one copy of the dceument is received by the Office of
Administrative Hearings within five (5) business days following the faxed hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 4313000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Depaztment of Environmental Quality
1601 Mail Service Center
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 contact Garcy Ward at (252)946-6481 or gazcy.ward@ttcdenr.gov.
�erely,
�� ro-J_
S. Jay Zimmerman, 'vector `�
Division of Wazer Resources
Attachments (General Certifica[ions and Certifica[e of Completion fortn)
Electronic copy only distribution:
Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Eli7abeth City
Cathy Brittingham, DCM, Raleigh
Garcy Wazd, NC DWR, Washington Regional Office
File Copy
Environmental
Qualrty
NCDWR Projec[ No.:
Applican[:
Prujec[ Name:
Date of lssuance of 401 Water Quaiity Certification:
County:
ROY COOPER
r„���e,���.» �
MICHAEL S. REGAN
.Src'rclarr
S. JAY ZIMMERMAN
n�r�•�,�„�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required ro remm this certificate to the 40I Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, ?7699-1617. This fonn
may be returned to NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not
necessarv ro send certificates from all of these.
ApplicunPs Cerlifecation
I, , hereby state that, ro 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 inten[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
,4gent's Cerfifiealion
Date:
1, , hereby state [ha[, to [he bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be buil[ within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Da[e:
Engineer's Certificalion
Partial Final
I, , as a duly registered Prof'essional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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 ofthe 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signamre
Date
Registraiion No.
= r'Nothing Compares =- �
State ofNonh Carolina I F.nvironmental pualin�
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