HomeMy WebLinkAbout19990658 Ver 2_Approval Letter_20070330Michael F. Easley, Governa~
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 30, 2007
Snug Harbor Partners, LLC
c/o Brinkley Melvin
252 Highway 70 East
Stacy Township, NC 28577
Subject Property: Marina Village at Snug Harbor
Stacy Township, NC
DWQ Project # 990658 ver 2
Carteret County
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Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Melvin:
You have our approval, in accordance with the attached conditions and those listed below, to modify an existing
permitted subdivision to a 60 single family lot subdivision with amenities, a community pier with a gazebo, alter the
circulation channel size, expand the access channel and add a bulkhead and add a gazebo (no wetland impacts are
proposed with this modification) as described within your CAMA application dated January 5, 2007 with additional
information received by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on
February 22, 2007 and March 27, 2007. After reviewing your application, we have decided that the impacts and the
previous proposed impacts for your original application are covered by General Water Quality Certification Number
3641 (WQC 3641). This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.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 below.
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 are met. No other impacts are approved including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet
Coastal Wetlands N/A
404/401 wetlands N/A
Buffers N/A (s uare feet)
* The concrete sidewalk located on the NE corner of the property must bridge the wetlands to avoid wetland
impacts. * This impact was not applied for and needs to be avoided.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone (910) 796-7215 Customer Service1-877-623-6748 -~-~
FAX (910) 350-2004 Internet: www.ncwaterquality org ~~
Page Two
Snug Harbor Partners, LLC
c/o Brinkley Melvin
DWQ Project # 990658 ver 2
March 30, 2007
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. 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 CAMA 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.
4. 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.
5. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands present as
depicted on the jurisdictional determination map approved by the US Army Corps of Engineers. The
wetland boundary identification (flagging, fencing, etc.) must be maintained on each lot until the lot is sold.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate. A copy of the recorded document must be
sent to this office at the letterhead address and to Cyndi Karoly at the 401 Oversight and Express Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650, prior to filling the wetlands and stream approved
for impacts under this Certification.
Page Three
Snug Harbor Partners, LLC
c/o Brinkley Melvin
DWQ Project # 990658 ver 2
March 30, 2007
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 (DWQ) Permit # 990658 ver 2 under Section 401
of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis in the DWQ Wilmington
Regional Office at 910-796-7215 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Singly, ,---~
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Alan W. Klimek, P.E.
Enclosures: WQC 3641
Certificate of Completion
cc: Larry Zucchino - JDavis Architects, PLLC
Dave Time USACF, Wilmington Regulatory Field Office
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Doug Huggett -DCM Morehead
Tere Barrett -DCM Morehead
Central Files
WiRO