20052226 Ver 2_Approval Letter_20110603

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 3, 2011
Pirate's Cove Slip Owners Association
Sharon Aldrige
One Sailfish Drive
Manteo NC 27954
DWQ Project # 05-2226 V.2
Dare County
Subject Property: Pirate's Cove Side Channel #7 Dredge Project
Roanoke Sound [030151, 30-21, SA, HQW]
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Pirate's Cove Slip Owners Assoc:
You have our approval, in accordance with the attached conditions, to dredge
1.51 acres of Public Trust Area (PTA)- estuarine water, located within Side
Channel No.7 to -11.5 feet below NWL as described in your application received
by the Division of Water Quality (DWQ) 401 Permitting Unit on May 9, 2011. After
reviewing your application, the Division of Water Quality (DWQ) General Water
Quality Certification Number 3641 covers these water impacts. This Certification
allows you to General Permit No. 198000291 when issued by the US Army Corps of
Engineers (USACE). In addition, you should get or otherwise comply with any
other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations
and CAMA. 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,
North Carolina Division of Water Quality Internet: www.ncwatergoaliiy.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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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 (or Isolated Wetland
Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved
Units Plan Location or
Reference
PTA-estuarine
waters dre d ed 1.51 (acres) DCM Field Investigation
Report
404/CAMA
Wetlands (acres)
Waters acres
Buffers square ft.) I
2. No Impacts Beyond those in Application
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.
3. 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.
4. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
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5. Work Moratoriums
Applicant must comply with the NC Wildlife Resources Commission dredging
moratorium, and NC Division of Marine Fisheries condition that dredging may
not affect coastal marsh.
6. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A
NCAC 04B .0124) must be adhered to throughout the life of this project.
7. 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.
8. Re-opener" Clause
Pirate's Cove SOA 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. Pirate's Cove SOA shall require its contractors (and/or agents) to comply
with all of the terms of thisCertification, 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 Pirate's Cove SOA 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 Pirate's Cove SOA 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.
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.
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If you do not accept any of the conditions of this Certification (associated with
the approved water 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 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 252-946-6481 or Ian
McMillan of the 401 Oversight/Express Unit at 919-807-6364.
Sincerely,
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For Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3641
cc: Raleigh Bland, Corps o Engineers Washington Field Office
DWQ 401 WBSCAP
DCM, Doug Hugget, Morehead Office
DCM, Frank Jennings, Elizabeth City Office
DLR, Washington Regional Office
File copy
Filename: 05-2226V2_PirCov-3641-Approval /aa