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Home My WebLink About20121041 Ver 1_Approval Letter_20121218t AAffl4 • /WA WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary December 18, 2012 New Hanover County DWQ Project #: 12 -1041 River Bluffs Development Corporation Mr. Burrows Smith 7036 Wrightsville Avenue, Suite 101 Wilmington NC 28409 Subject Property: River Bluffs Subdivision Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Smith, You have our approval, in accordance with the attached conditions to construct a 143 slip community marina as described in your application received by the N.C. Division of Water Quality (DWQ) on November 9, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification can also be found on line at: http://portal.ncdenr.oriz/web/wq/swp/ws/401 /certsandpermits. This Certification allows you to use the Regional General Permit # 198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA 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. 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 Major application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 i .. Location 512 N Salisbury St Raleigh, North Carolina 27604 �^ \ 1:: Phone: 919.807 -63001 FAX, 919- 807 -64921 Customer Service 1- 877.623 -6748 \_J Internet, www ncwaterauality org An Equal Opportunity 1 Affirmative Action Employer ; ,� • +__ _ !,; i 2 River Bluffs New Hanover County 2012 -1041 control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. No Impacts Beyond Those Approved 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 404/401 Permit 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; 3. Moratoria All applicable moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. 4. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Construction Stormwater Permit NCGOI 0000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self - monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http:// portal .ncdear.org,/aueb/�ws /su/c%1 trMction. I a 3 River Bluffs New Hanover County 2012 -1041 6. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 7. 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 under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919- 807 -6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910 - 796 -7215. Sincerely, Charles Wakild, P.E., Director Division of Water Quality Enclosures: GC 3900 Certificate of Completion cc: Steve Morrison — Land Management Group, Inc., 3805 Wrightsville Avenue, Wilmington, NC 28403 Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington Dave Timpy — USACE Wilmington Field Office Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO — [d1c