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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 ~F ,'~• ~ ~_~~ ~ t 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, ,---~ ~ ~~~.--- Alan W. Klimek, P.E. Enclosures: WQC 3641 Certificate of Completion cc: Larry Zucchino - JDavis Architects, PLLC Dave Time USACF, Wilmington Regulatory Field Office T~'"~i'c'~ an - DVG~ ~O1..C~~~e~i`s~t~'C~tY~;'~~a~~i`::~°` Doug Huggett -DCM Morehead Tere Barrett -DCM Morehead Central Files WiRO