20011836 Ver 2_Approval Letter_20090213

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 13, 2009
David Hewett, Town Manager
Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
Re: Holden Beach Beach Renourishment Project and Modifications
DWQ Project # 20011836, Ver. 2
USACE Action ID. No. SAW 2005 00935
Resources
Dee Freeman
Secretary
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hewett:
Attached hereto is a copy of Certification No. 3780 issued to Mr. David Hewett, Town Manager of the
Town of Holden Beach, dated February 13, 2009. 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
Attachments: Certificate of Completion
Si erely,
X
cc: Dave Timpy Wilmington District, USACOE
Chad Coburn, DWQ, Wilmington Regional Office
Nick Mills, DLR, Wilmington Regional Office
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
File Copy
Stephen Rynas - DCM Morehead City
Becky Fox - US EPA
Anne Deaton, DMF, P.O. Box 796, Morehead City, NC 28557
File Copy
Coleen Sullins
Filename: 011836Ver2HoldenBeachRenourish mentProjectAndModirications(Brunswick)401_1C
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr,state.nc.us/ncwetlands/
North Carolina
Naturalltf
An Equal Opportunity 1 Affirmative Action Employer
Town of Holden Beach
Page 2 of 2
February 13, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. David Hewett, Town Manager of the Town of Holden
Beach, to renourish 23,400 linear feet by 70 feet of beach and place beach compatible sand on
approximately 37.61 acres of beach above Mean High Water (MHW) from Station 38+00 to Station 272+00
which is approximately 4.43 miles of the previously permitted 5.7 miles of shoreline in the Lumber River
Basin, in association with the Town of Holden Beach nourishment project, Brunswick County, North
Carolina, pursuant to an application filed on the 5" day of February of 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Applications and modifications.
If the project is changed, prior to notification a new application for a new Certification is required. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions of this Certification. Any new owner must notify
the Division and request the Certification be issued in their name. Should wetland or stream fill be
requested in the future, additional compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or
wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with the
conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands Not quantified - see
previous DWQ permit
20061005 for details
Beach 37.61 acres (23,400' X 70') 2002 Permitted Nourishment
Approximates Shoreline Reach
Open Water (near shore) Not quantified - see
below MHW filled previous DWQ permit #
20011836 for details
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:
Town of Holden Beach
Page 3 of 3
February 13, 2009
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 404/401Permit 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;
Temporary Wetland Impacts (For the Turkey Trap borrow area) DWQ permit # 20061005
5. The road crossings will be constructed as described in the letter from the Town of Holden Beach
dated November 20, 2007. The wetlands will be restored to pre-project conditions. Any changes or
modifications to these crossing areas will require approval from the DWQ. If any issues arise
concerning these wetlands, please call the Wilmington Regional Office at [phone].
Monitoring wells
6. Wells as depicted in the plans labeled Town of Holden Beach Turkey Trap Borrow Pit dated June 6,
2007 required by this Certification must be properly installed and properly maintained for 5 years
after the Division of Land Resources releases the site unless otherwise approved in writing by
NCDWQ.
Wetland Monitoring Plan Report:
7. Physical monitoring of wetlands is required quarterly as a condition of this Certification.
a. A report must be submitted annually to both the Central Office of the Division of
Water Quality and the Wilmington Regional Office of DWQ, for five years. This
report must be received by January 1 of each year. All well sample results and rain
gage results must be provided as an addendum to the report (regardless of well
location). The Wetland Monitoring and Pumping Plan Report must include the
following:
• A written account of the hydrological status of wetlands This includes
each wetland polygon;
Town of Holden Beach
Page 4 of 4
February 13, 2009
• A written account of the physical status of wetlands on tracts;
• Well maintenance records;
• An account of the "re-hydration/pumping" efforts to tract, and
• A written account of water level control devices and pumping efforts to
the ditches.
b. The monitoring results will be reviewed by the NCDWQ. If NCDWQ has concerns
regarding removal of jurisdictional wetland hydrology, the NCDWQ will confirm the
removal of wetland hydrology from the USACE (or the current delegated authority).
c. If wetlands, as depicted on the map labeled Town of Holden Beach Turkey Trap
Borrow Pit, dated June 6, 2007, in Brunswick County, NC are determined to be
impacted beyond the impacts authorized by this Certification, then compensatory
mitigation (described in 15A NCAC 2H.0506) will be required.
Continuing Compliance:
Mr. David Hewett, Town Manager of the Town of Holden Beach 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. Mr. David Hewett, Town Manager of the Town of
Holden Beach shall require its 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.
A copy of this Certification shall be included in the construction contract and available on the job
site at all times. 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 and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. David Hewett, Town Manager of the
Town of Holden Beach, the US Army Corps of Engineers, and provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for a public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. David
Hewett, Town Manager of the Town of Holden Beach, 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:
9. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
10. All applicable moratoriums shall be observed as required by the NC Division of Marine Fisheries,
NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
11. This Certification covers the one time event of beach renourishment for the Town of Holden Beach
at the location previously specified. Any future activity that includes work in the inter-tidal
zone or additional renourishment will require a new 401 Water Quality application and
certification.
Town of Holden Beach
Page 5 of 5
February 13, 2009
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, 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 Oversight/Express Review Permitting 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, Raleigh, 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 13th day f F b uary 2009
DIV ON W T QUALITY
I'L #1? oleen Sullins
CHS/cbk/ym
3780
A&I,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Dee Freeman
Secretary
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 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ
by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant'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:
Agent's Certification
1, , 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
1, , 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 Registration No.
Date
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: http:l/h2o.enr.state.nc.uslncwetlands ?????????
An Equal Opportunity \ Affirmative Action Employer