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HomeMy WebLinkAbout20090222 Ver 1_Approval Letter_20090420ALT'T4 NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor Coleen H. Sullins Director Natural Resources Dee Freeman Secretary April 20, 2009 Peter E. Larson 107 Coral Place Road Holly Ridge, NC 28445 DWQ Project # 09 0222 Onslow County Subject Property: 107 Coral Place Road, Holly Ridge Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Larson: You have our approval, in accordance with the attached conditions and those listed below, to maintenance dredge approximately 230 feet of an existing canal, as described within your CAMA application dated March 3, 2009 and additional information received by The Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on April 2, 2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/cei-ts.html. The Certification allows you to use the CAMA Major Permit 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 404 or CAMA Permit. 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 may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification 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 certification and any additional conditions listed on the following pages. 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: Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwaterauality orq An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper North Carolina Naturally Customer Service 1-877-623-6748 Page Two Peter E. Larson DWQ Project # 09 0222 April 20, 2009 Amount Approved (Units) Plan Location or Reference 404/401 Wetlands N/A (filled) Coastal Wetlands Approximately 700 sq ft Drawing 1 of 2 Revised 4/1/09 (dredged) (0.016 acres) (attached) Shallow bottom Open 3900 sq ft (0.0895 acres) Drawing 1 of 2 Revised 4/1/09 water (dredged) (attached) 2. Moratoriums Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. 3. Erosion & Sediment Control Practices 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 surfacewaters 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. 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 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. 5. 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. w Page Three Peter E. Larson DWQ Project # 09 0222 April 20, 2009 6. 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. Violations of any condition herein set forth may result in revocation of this Certification 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 this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland 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. 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 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215. Sincerely, Coleen H. Sullins, Director Division of Water Quality Enclosures: GC 3642 Certificate of Completion cc: David Timpy - USACE Wilmington Regulatory Field Office Ian McMillan - DWQ 401 Oversight Unit, Raleigh Doug Huggett - DCM Morehead City Jon Giles - DCM Wilmington WiRO NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 3, 2009 MEMORANDUM: TO: Joanne Steenhuis ka , 401 Wetlands r Q, ^Division of Water Quality - WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&F Applicant: Peter Larson/Maintenance Excavation Project Location: 107 Coral Pl. Rd., adjacent to Bethea Branch (tributary to Stump Sound), in Holly Ridge, Onslow Co. Proposed Project: To perform maintenance excavation of an existing canal and the installation of a vinyl bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 26, 2009. If you have any questions regarding the proposed project, contact Jon Giles at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. yd? /SSu ED ?f 20 --OF This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED SATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet. www.nccoastalrnanagernent.net An Equa! 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