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HomeMy WebLinkAbout20061623 Ver 2_Approval Letter_20080814Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality August 14, 2008 DWQ Project # 06-1623 vs 2 Beaufort County BDG Smith Pamlico Assoc. LLC. Attn: Robert Anderson 7000 Six Forks Rd #115 Raleigh, NC 27615 Subject Property: Bridgewater North Bath Creek, Tar-Pamlico Basin, 030307, 29-19-(1), SC, NSW Approval of 401 Water Quality Certification (GC3642) with Additional Conditions Dear Mr. Anderson: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact .06 acres of waters to install a boat ramp and pier as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on July 1, 2008. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3642 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, 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 Internet: h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper Aaharallb, Bridgewater North Page 2 of 3 Amount Approved (Units) Plan Location or Reference Stream na (feet) na 404/CAMA Wetlands na na Waters 0.033 (acres) shaded 0.027(acres) filled Plat provided with application Buffers 1050 (square ft.) Plat provided with application 2. 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. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642. 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. Protective Fencing Protective fencing shall be installed no further than ten (10) feet on either side of the boat ramp and access pier construction corridor to prevent disturbance in the Tar-Pamlico Riparian buffer. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0259. 6. Staging of Materials and Equipment No materials or equipment shall be staged within the 50 foot Tar-Pamlico Riparian buffer. 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. Bridgewater North 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 Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919- 715-4631. Sincerely, Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit File copy CAMA Morehead, Doug Huggett CAMA WaRO Filename: 06-1623 vs 2