20080535 Ver 1_Approval Letter_20080620

\ NA rF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
-Obub'?k.,?'677
Q Coleen H. Sullins, Director
Division of Water Quality
June 20, 2008
DWQ Project # 08 0535
Carteret County
Mariner's Bay, LLC
Attn: Frankie W. Pendergraph
PO Box 19691
Raleigh, NC 27619
Subject Property: Mariner's Bay Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Pendergraph:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0.047 acres of jurisdictional Wetlands for the purpose of lot fills as described
in your Pre-Construction Notice application dated March 15, 2008 and additional information
received on April 4, 2008. After reviewing your application, it has been determined that the
impacts are covered by General Water Quality Certification Number 3705 (GC3705). The
Certification allows you to use Nationwide Permit 18 when issued by the US Army Corps of
Engineers (USACE) and your 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. 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:
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet www.ncwaterauality org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Page Two
Mariner's Bay, LLC
Attn: Frankie W. Pendergraph
DWQ # 08-0535
June 20, 2008
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404/401 Wetlands 0.047 acres Sheet 1 and Sheet 2 of 4
(attached)
Waters N/A (acres)
2. 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.
3. 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.
4. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present as depicted on the jurisdictional determination map signed by the US
Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.)
must be maintained on each lot until the lot is sold.
5. Deed Notifications and/or Restrictions
A recorded copy of the deed notification or restrictive covenants and the associated
preservation map approved by the US Army Corps of Engineers Wilmington Regulatory
Office must be submitted to this Office and to the 401 Oversight and Express Unit in
Raleigh before the impacts to wetlands approved by this Certification can take
place.
6. 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.
f
Page Three
Mariner's Bay, LLC
Attn: Frankie W. Pendergraph
DWQ # 08-0535
June 20, 2008
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.
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.
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 Ian McMillan in the Central Office in
Raleigh at 919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at
910.796.7215.
Si erely,
^ '
a? -
(3
Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3705
Certificate of Completion
cc: Ginger Turner - Stroud Engineering
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Mickey Sugg - USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead City
Central Files
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