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HomeMy WebLinkAbout20061910 Ver 1_Approval Letter_20070213/ ~F W ATF9 Michael F. Easley, Governor 1' ~~~ 'TOG William G. Ross Jr., Secretary ~ ~- Nor[h Carolina Department of Environment and Natural Resources ~ ~ ~ -~ Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 061910 New Hanover County February 13, 2007 City of Wilmington c/o Dave Cowell, P.E. 305 Chestnut Street Wilmington, NC 28401 Subject: General 401 Water Quality Certification #3495 Wilmington Hilton Bulkhead Dear Mr. Cowell: Please replace the letter and General Water Quality Certification sent to you on December 27, 2006 with this one. The Wilmington Regional Office received your application for a CAMA Major Permit from the Division of Coastal Management dated December 8, 2006 to construct a bulkhead waterward of the existing bulkhead. You are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3495 (enclosed). This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General Water Quality Certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Sincerely, Noelle Lutheran Environmental Specialist III Enclosure: GC 3495 cc: Dave Timpy, USACE Wilmington Robb Mairs, DCM Wilmington Doug Huggett, DCM Morehead City Ian McMillan, DWQ 401 Oversight Unit Central Files WiRO North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-87723-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.nc~vaterquality.org NorthCarolina An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper ,~Q~r(t'QIIU WQC #3495 STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080 (CONSTRUCTION AND MAINTENANCE OF BULKHEADS This General 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 Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080. The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized. This Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water Quality (DWQ). The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions set forth. Conditions of Certification: Wetland and/or riparian area restoration and creation projects which are for compensatory mitigation or compensatory mitigation credit (and not including projects that only involve stream restoration or enhancement work described in condition nos. 2 and 3 below) that are proposed under this General Certification require written application to and approval from the Division of Water Quality. All applications for written DWQ approval will be reviewed and a response will be prepared within 30 days of stamped receipt of the application in the Division of Water Quality's Central Office in Raleigh. This 30-day period does not include time spent by the application or DWQ's response within US Postal Service or North Carolina's Mail Service Center mail systems; Wetland and riparian area restoration and creation projects (not including projects that involve work in or impacts to streams) which are not for compensatory mitigation or compensatory mitigation credit proposed under this General Certification do not require written application to and approval from the Division of Water Quality. In these cases, the applicant is required to notify the Division in writing with three copies of project specifications before the impact occurs. If the Division determines that the project would not result in an ecologically viable wetland and riparian area, then the Division shall prepare a response to notify the applicant in writing within 30 days of DWQ's receipt of the notification. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 2. Proposed stream restoration projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit do not require written application to and approval WQC #3495 from the Division of Water Quality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. Stream restoration is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and floodprone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This biological and chemical integrity, including transport of water and sediment is produced by the stream's watershed in order to achieve dynamic equilibrium. The applicant is required to notify the Division in writing with three copies of detailed restoration plans and specifications before the impact occurs. If the Division determines that the project does not meet the above definition of stream restoration, then the Division shall notify the applicant in writing within 30 days of receipt of the application. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; Stream enhancement projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit and do not include any stream channel relocation, do not require written application to and approval from the Division of Water Quality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. 4. Stream enhancement is defined as the process of implementing stream rehabilitation practices in order to improve water quality and/or ecological function. These practices must only be conducted on streams that are not experiencing severe aggradation or erosion. Stream enhancement does not include the relocation of the stream channel. Stream enhancement bank stabilization techniques include the use of woody vegetation as the primary means of long term stability, and "soft" techniques such as root wads that encourage the establishment of dense woody vegetation. Stream enhancement techniques do not typically include the use of stream bank or bed hardening techniques such as rip-rap or other rock, gabion, block or concrete structures. However, enhancement activities may also include the placement of in stream habitat or grade control structures such as cross vanes, j- hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or profile of a stable stream. The applicant is required to notify the Division in writing with three copies of detailed enhancement plans and specifications before the impact occurs if the stream enhancement project disturbs greater than 500 feet of stream bank or if the project proposes the use of in stream structures. If the Division determines that the project does not meet the above definition of stream enhancement, then the Division shall notify the applicant in writing with an explanation within 30 days of receipt of the notification to require application and payment of the appropriate fee; 5. Stream stabilization projects that include the use of any structure or fill in the existing stream bed or disturb greater that 500 feet of stream bank that are proposed under this General Certification require written application to and approval from the Division of Water Quality. WQC #3495 Stream stabilization is defined as the in-place stabilization of an eroding stream bank using measures that consist primarily of "hard" engineering, such as but not limited to concrete lining, rip rap or other rock, and gabions. The use of "hard" engineering will not be considered as stream restoration or enhancement; 6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 28.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 26 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. In order for the above conditions to be valid, any plans not requiring written concurrence to use this Certification must be built according to the plans provided to the Division of Water Quality. If written concurrence is required, then the project must be built and maintained according to the plans approved by the written concurrence and Certification from the Division of Water Quality; 8. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources at the DENR Regional and Central Offices) shall be designed, installed and maintained properly to assure compliance with the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout waters); 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources or delegated program has released the project; 10. Any rip-rap shall be of such a size and density so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. If rip-rap is to be installed within the streambed, the amount and location must be approved in writing by the Division of Land Resources and Division of Water Quality. However rock vanes, wing deflectors, and similar structures for grade control and bank protection are acceptable; 11. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact or Record of Decision is issued by the State Clearinghouse; f WQC #3495 13. Additional site-specific conditions may be added to projects which require written concurrence under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters; 15. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or the notification sent to DWQ; 16. Standard Erosion and 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: a. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 17. No Impacts Beyond those in Application 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. 18. No Sediment and Erosion Control Measures in Wetlands 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 or locally delegated program has released the project. WQC #3495 Non-compliance with or violation of the conditions herein set forth by a specific project shall result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3495