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! Cpecrtueiry 1 F:`:fi.. 1: , 6•.ctloe Employer
One
NorthCarohiia
Naturallil
60H 6 0 aid
ON `N019NIMM VVOG
Cj ::I /% 177
ION -")Mm+j j G
-olb
of -
w4 Tu JILL H7114: it ? 111 b?{1
??y '?,?J-bLL'z7 a ????_ri? o?rl 77•c.? ? ??}';.
7 ?rl 1'vJ l ith?? ?v(?hl?
a d 7 J
?
0' OZ
3 00 2i r?
7('l tlos, °! \ I 00 5 OQ
> , 9
?l'?Jo ate X1;5, ? '1 Ct ? j
1 J 7??- is ?i1 k
t 7G?- ( I o ?i r: ?
Q 1`
jbIF q
pftj
r7 5000 4
q `?? to - ?,<a-•L •j9?
I ?'. .; ? ?; `?' ? ? t7 ?l,Y• T[,? ? ?-,per--?
?L" i 17J z?s
rvp
14
' Ca
., r{
rr, e x ,. s v- s ,Ky : a g ,rid ` x AN i N
n -1 {J I
? 2a? ? 3 - e? •? d ?? ? ? f
41
/ ir'? , J hu N -711
Lii7i
Ssn/ ,oJ-i
jwW
h
6, 75