20091186 Ver 1_Approval Letter_20091214

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
December 14, 2009
Q Project # 09 1184
T k' 1 ` Iteret County
Homer Smith, LLC , AN Attn: Tony Frost and Richard Flow i IV I
Y
? A 4 10 1 Cedar St
Beaufort, NC 28516
Subject Property: Beaufort Harbor Marina & Yacht Club (Homer Smith, LLC), Beaufort
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messers. Frost and Flowers:
You have our approval, in accordance with the attached conditions and those listed below, to construct a
179-slip marina, clubhouse, parking lot and associated amenities, as described within your CAMA
application dated November 3, 2009 and received by the Division of Water Quality (DWQ) Wilmington
Regional Office (WiRO) on November 6, 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/certs.html. The
Certifications allows you to use the 404 permit when issued by the US Army Corps of Engineers and 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.ncwatergualily.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Aatura!!y
Customer Service 1-877-623-6748
Page Two
Homer Smith, LLC
Attn: Tony Frost and Richard Flowers
DWQ Project # 09 1186
December 14, 2009
The Additional Conditions of the Certification are:
L 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 Beaufort Harbor Marina & Yacht
(Shallow bottom) Dredged 6.222 acres (271,000 sq ft) Club Sheet 4 of 4 Signed
(9/230/09) in file
404/401 Wetlands n/a
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 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Please notify DWQ ifANY turbidity issues arise during this project
Page Three
Homer Smith, LLC
Attn: Tony Frost and Richard Flowers
DWQ Project # 09 1186
December 14, 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. Marina Projects
Any marina project that proposes to dispense or store fuel, adhere to an EPA approved Spill
Prevention Control and Countermeasure (SPCC) plan.
7. 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 may be found at htt,://h2o.enr.state.nc.us/su/Forms Documents.htm.
8. 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.
Page Four
Homer Smith, LLC
Attn: Tony Frost and Richard Flowers
DWQ Project # 09 1186
December 14, 2009
"Re-opener" Clause
Homer Smith, LLC 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. Homer Smith, LLC 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 Homer Smith, LLC 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 Homer Smith, LLC 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. 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
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.
Page Five
Page Four
Homer Smith, LLC
Attn: Tony Frost and Richard Flowers
DWQ Project # 09 1186
December 14, 2009
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