HomeMy WebLinkAbout20081522 Ver 2_Approval Letter_200810170, a?0? VN A ?FqQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 1? `C' Coleen H. Sullins, Director
"`""' Division of Water Quality
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DWQ Project # 08 1522
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Town of Holden Beach A PERMIT Brunswick County
Attn. David Hewett
110 Rothschild Street
Holden Beach, NC 28462
Subject Property: Heritage Harbor Canals Maintenance Dredging
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hewett:
You have our approval, in accordance with the attached conditions and those listed below, to maintenance
dredge approximately 68,000 sq ft (1.56 acres) of shallow bottom habitat, as described within your
CAMA Express application dated October 1, 2008, your 401 Express application received by the N.C.
Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on October 14, 2008 and
additional information received on October 17, 2008. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 3700 (GC 3700) and
General Water Quality Certification Number 3698 (GC 3698). These Certifications can also be found on
line at: http://h2o.enr.state.nc.us/ncwetlands/certs.btml. The Certifications allows you to use the CAMA
Major 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 on the following pages.
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:
Mailing Address Phone (919) 807-6300 Location
1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St.
Raleigh, NC 27699-1617 Raleigh, NC 27604
N"on?e h Carolina
;vaturatlr,?
Internet: www.ncwaterciuality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Town of Holden Beach
Attn: David Hewett
DWQ Project # 08 1522
October 17, 2008
Amount Approved (Units) Plan Location or Reference
Coastal Wetlands N/A (acres)
Shallow bottom Open
water 68,000 sq ft (1.56 acres) Sheet 1 of 5 and Sheet 2 of 5 (in
file)
2. Moratoriums
Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
3. Erosion & 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 in order to protect surface waters standards:
a. The 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. The 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. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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 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.
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.
Page Three
Town of Holden Beach
Attn: David Hewett
DWQ Project # 08 1522
October 17 2008
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.
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
waters 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 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.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3700
GC 3698
Certificate of Completion
cc: Shane Lippard - Right Angle Engineering
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO