20100919 Ver 1_Approval Letter_20101222

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 22, 2010
Town of Belhaven
Dr. Guinn Leverett, Town Manager
PO Box 220
Belhaven NC 27810
DWQ Project # 2010-0919
Beaufort County
Subject Property: Town of Belhaven-Cooperage Waterfront Park
TAR07 Pantego Creek (29-34-34-(2) SC; NSW)
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Dr. Leverett:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.27 acres of waters from shading and 2,539 square feet (ftz)
( 2, 174 sq. ft of Zone 1 and 365 sq. ft of Zone 2) of protected riparian buffers for the purpose of
constructing a transient docking pier, fishing pier, dinghy dock and storage, and associated
boardwalks/walkways at the subject property, as described within your CAMA Major application
dated October 29, 2010 and received by the N.C. Division of Water Quality (DWQ) on October
29, 2010. The impacts described in your application are covered by General Water Quality
Certification Number(s) 3641 (GC3641). This Certification(s) is issued in conjunction with the
CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of
Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the
Division of Coastal Management issues it. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259.
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 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
North Carolina Division of Water Quality Internet: www.ncwaterqualit.org
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Washington, NC 27889 FAX [phone] NorthCarofiina
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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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 0 (feet)
404/CAMA Wetlands 0 (acres)
Waters 0.27 (acres) shading
Buffers
Zone 1
Zone 2 2,539 (square ft.)
2,174 (square ft.)
365 s uare ft. Plan Sheet 1 (No 3) 12/21/10
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.
Sediment and erosion control measures shall be in place to protect wetlands and
waters within and around the project area.
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 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.
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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. Mechanized Equipment O&M
All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other
toxic materials.
6. Transient Docking Only
No long-term dockage is authorized at the main pier and the dinghy dock is restricted to
temporary, transient access to shore facilities for anchored vessels. No boat mooring is
authorized at the dinghy dock. Fishing pier and platform are to be constructed with a handrail
to prevent any additional boat mooring at the site. Any dockage of vessels, other than the 10
transient boat slips will require this Office to reevaluate use of dockage and consider the
permitted facility as a marina.
7. No Impacts to Zone 1
No Impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities
designated as "Exempt" within 15A NCAC 2B .0259) unless otherwise approved by DWQ.
8. Diffuse Flow
All stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0259(5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
9. "Re-Opener" Clause
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the Division
may reevaluate and modify this General Water Quality Certification.
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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
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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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Amy Adams of the Washington Regional
Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
P me r ly,
AC lee H. u iBirector
Division of Water Quality
Enclosures: Certificate of Completion
GC 3641
cc: Quible & Associates, P.C., Joseph Lassiter
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Hugget, Morehead Office
DCM, Steve Trowell
DLR, WaRO
File copy