20031401 Ver 1_Approval Letter_20090604

A4
_jA
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
June 4, 2009
Natural Resources
Dee Freeman
Secretary
DWQ Project # 03 1401 V2
Carteret County
Cape Lookout Marina, Inc. -
%nil
A
ttn: Ed Richards f tot X; 0 T
1136 Manor View Ct
Lynchburg, VA 24503 A 1 MIT
A AM A P
Subject Property: Cape Lookout Marina, Harkers Island
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Richards:
You have our approval, in accordance with the attached conditions and those listed below, to demolish
an existing dock and bulkhead, construct a 51-slip marina, drystack storage, bulkhead and maintenance
dredge and widen existing basin and canal and associated amenities, as described within your CAMA
application dated April 7, 2009 and received by the Division of Water Quality (DWQ) Wilmington
Regional Office (WiRO) on April 13, 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://12o.enr.state.nc.us/ncwetlands/certs.html. The
Certifications 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
Customer Service 1-877-623-6748
Page Two
Cape Lookout Marina, Inc.
Attn: Ed Richards
DWQ Project # 03 1401 V2
June 4, 2009
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:
Amount Approved (Units) Plan Location or Reference
Open Waters Proposed Dredging Footprint
(Shallow bottom) Dredged 3.624 acres (157, 860 sq ft) Sheet # 4 of 7 (in file)
Coastal Wetlands Proposed Dredging Footprint
Low Marsh 0.0659 acres (2,870 sq ft) Sheet # 4 of 7 (in file)
High Marsh 0.0443 acres (1,928 sq ft)
2. 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 surface waters 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Please notify DW ifANY turbidity issues arise during this proiect
Page Three
Cape Lookout Marina, Inc.
Attn: Ed Richards
DWQ Project # 03 1401 V2
June 4, 2009
4. 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.
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the State Stormwater section in the Wilmington
Regional Office at 127 Cardinal drive Extension, Wilmington, NC 28405 within 60 days of the
issuance of the 401 Water Quality Certification. The stormwater management plans shall be
approved in writing by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include construction plans, specifications, stormwater BMP
worksheets, and supporting calculations. The stormwater best management practices are
required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as approved by this Office as
well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
7. Marina Projects
Any marina project that proposes to dispense or store fuel, adhere to an EPA approved Spill
Prevention Control and Countermeasure (SPCC) plan.
Page Four
Cape Lookout Marina, Inc.
Attn: Ed Richards
DWQ Project # 03 1401 V2
June 4, 2009
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by
this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms maybe found at httn://h2o.enr.state.jac.us/szr/Forms Docurrtents.htrn.
9. "Re-opener" Clause
Cape Lookout Marina, Inc. and its authorized agents shall conduct its 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. Cape Lookout Marina, Inc. 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 DWQ
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, DWQ 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,
DWQ shall notify Cape Lookout Marina, Inc. and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Cape Lookout Marina, Inc. 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.
10. 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.
11. 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.
Page Five
Cape Lookout Marina, Inc.
Attn: Ed Richards
DWQ Project # 03 1401 V2
June 4, 2009
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
waters 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: Ron Cullipher - Stroud Engineering
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO