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Home My WebLink About20090757 Ver 2_Approval Letter_20140107A4 KA NCDET North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director January 7, 2014 Mr. Warren Whichard 511 Bay Lake Drive Chocowinity, NC 27817 John E. Skvarla, III Secretary DWQ Project # 09 -0757 Ver. 2 Beaufort County Subject Property: 511 Bay Lake Drive, Bay Lakes Subdivision Tar- Pamlico River Basin, Chocowinity Bay [TAR 07, 29- 6 -(1); NSW, SC] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Whichard: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.44 acres of 404 wetlands and 0.15 acres of coastal wetlands, by excavation, for the widening of a man made canal from 30 feet to 60 feet with an increased depth from 3 feet to 4 feet. It is proposed to restore on -site approximately 10,000 square feet of coastal wetlands and 8,250 square feet of 404 wetlands by the use of fill. It is also proposed to install 787 linear feet of hog slat shoreline stabilization on the entrance canal. The proposed canal widening project will connect Bay Lake to Taylor Creek and Chocowinity Bay for boat passage as described within your CAMA Major Modification application dated December 23, 2013 and received by the N.C. Division of Water Resources (DWR) on December 23, 2013. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). 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 (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. 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. 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) Water Quality Regional Operations Section Internet: www.ncwatergualitv.ora 943 Washington Square Mall Phone: 252 -946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Bay Lakes Subdivision January 7, 2014 Page 2 of 3 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 (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 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. Diffuse Flow All constructed 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(and phosphorus if in the Tar - Pamlico River Basin). This may require additional approval from this Office. 5. Buffers Upon completion of connection of Bay Lake to Chocowinity Bay and Taylor Creek, for boat passage, water front property within Bay Lakes Subdivision will become subject to the Tar - Pamlico Riparian Buffers in accordance with 15A NCAC 02B .0259, (3), (a), (i). 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. Amount Approved nits Plan Location or Reference Stream (feet) 4041CAMA Wetlands 0.59 acres Excavation Plan Sheets 1, 2, and 3 Waters 0.42 acres) Fill " Buffers (square ft.) 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 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. Diffuse Flow All constructed 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(and phosphorus if in the Tar - Pamlico River Basin). This may require additional approval from this Office. 5. Buffers Upon completion of connection of Bay Lake to Chocowinity Bay and Taylor Creek, for boat passage, water front property within Bay Lakes Subdivision will become subject to the Tar - Pamlico Riparian Buffers in accordance with 15A NCAC 02B .0259, (3), (a), (i). 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. Bay Lakes Subdivision January 7, 2014 Page 3 of 3 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 Resources 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 Roberto Scheller of the Washington Regional Office at 252- 948 -3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6364. Sincerely, 0a& I For Thomas A. Reeder Enclosures: Certificate of Completion GC 3900 cc: Hood Richardson, P.E., 110 West 2nd Street, Washington, NC 27889 Tracey Wheeler, Corps of Engineers, Washington Field Office DWR Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Kelly Spivey, WaRO DEMLR, WaRO File copy