HomeMy WebLinkAbout19990658 Ver 3_Approval Letter_20081223
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 23,2008
Snug Harbor Partners, LLC
Attn: Brinkley Melvin
252 Highway 70 East
Sea Level, NC 28577
DWQ Project # 99 0658 V3
Carteret County
Subject Property:
Marina Village at Snug Harbor, Ac~ i\ IVI A
Approval of 401 Water Quality ~iM~
with Additional Conditions
THIS IS N01"
PE .MIT
Dear Mr. Melvin:
You have our approval, in accordance with the attached conditions and those listed below, to
modify your existing certification to convert the 62.20 acre tract into 37 cluster lots, 7 bungalow
lots, 15 villa units and 9 cottages for a total of 86 lots, construct an inn, ship store, restaurant,
re.creational amenities, pier, marina, widen the existing channel, install a bulkhead, wooden
bridge, a 60 inch pipe ( for circulation channel see drawing received on 12/22/08) and four
gazebos, as described within your CAMA application dated October 23,2008, and additional
information received on December 22, 2008. After reviewing your application, we have decided
that the modified impacts are covered by General Water Quality Certification Number 3642 (GC
3642). This Certification can also be found on line at:
http://h20.enr.state.nc.us/ncwetlands/certs.html. The Certification 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 storm water 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.
Page Two
Mailing Address
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone (919) 807-6300
Fax (919) 807-6492
Location
512 N. Salisbury St.
Raleigh, NC 27604
N1?>imCarolina
/Va/ural/!I
Internet: www.ncwateroualitv.orl!
Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Snug Harbor Partners, LLC
Attn: Brinkley Melvin
DWQ Project # 99 0658 V3
December 23,2008
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:
Amount Approved Plan Location or Reference
(Units)
Coastal Wetlands N/A (acres)
404/401 Wetlands 40 sq ft (0.0009 acres) attachment
Shallow bottom Open N/A (acres)
water
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.
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Page Three
Snug Harbor Partners, LLC
Attn: Brinkley Melvin
DWQ Project # 99 0658 V3
December 23,2008
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.
5. No Sediment & Erosion Control Measures win 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.
6. 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 approved 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.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A copy of the recorded document must be sent to this
office at the letterhead address and to Cyndi Karoly at the 401 Oversight and
Express Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, prior to filling the
wetlands and stream approved for impacts under this Certification.
8. 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 401lWetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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Page Four
Snug Harbor Partners, LLC
Attn: Brinkley Melvin
DWQ Project # 99 0658 V3
December 23,2008
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 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,
\)__.. i~ C I.L-.
Coleen H. Sullins, Director
'1 Division of Water Quality
.....-,. I.
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Talmage Hall- Jdavis Architects, Pllc
David Timpy - US ACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Doug Huggett - DCM Morehead City
Heather Styron - DCM Wilmington
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