20110632 Ver 1_Approval Letter_20110803

??? NUT A LAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 3, 2011
DWQ Project # 11-0632
Beaufort County
North Carolina Wildlife Resources Commission
Division of Engineering Services
Mark Hamlett
1720 Mail Service Center
Raleigh NC 27699
Subject Property: Blounts Creek Boating Access Area
Blounts Creek [TAR07 29-9-1-(3); SB, NSW]
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Hamlett:
You have our approval, in accordance with the attached conditions, to place fill
material within or otherwise impact 752 ft2 (0.01 acres) of waters by shading, 1,292 ft2
(0.03 acres) of fill and 2,470 ft2 (0.05 acres) of dredging for the construction of boat
ramp, floating dock, fixed pier and kayak launch as described in your application
received by the Division of Water Quality (DWQ) 401 Oversight/ Express Review
Permitting Unit on July 1, 2011. 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.
Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. 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
North Carolina Division of Water Quality Internet: www.newatergualiiy.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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II;14 AVIAN A I UVI
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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 feet
404/CAMA Wetlands acres
Waters 0.01 (acres) Shading
0.08 (acres) Dredge &
Fill Plan sheets included with
CAMA Major Application
Buffers (square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Standard Erosion and 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:
a. 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. 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. Sufficient materials required for stabilization and/or repair of erosion
control measures and stormwater routing and treatment shall be on
site at all times.
Wage 3 of 4
4. 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.
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. 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.
7. "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.
8. 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.
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 252-948-3917 or Karen Higgins of the 401
Oversight/Express Unit at 919-807-6360.
Sincerely,
l
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For CoIee Ins
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers, Tracey Wheeler, Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Huggett, Morehead District Office
DCM, David Moye, Washington District Office
DLR, Pat McClain, Washington Regional Office
File copy
Filename: l l -0632_BlountsCreekBAA_3641-Approval/aa