HomeMy WebLinkAbout20080326 Ver 1_Approval Letter_20090507A LT-WYWA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 7, 2009
Stillwater Investment Group, LLC
Attn: Andy Bayliss
2851 Trent Road
New Bern, NC 28562
DWQ Project # 08-0326
Craven County
Subject Property: Stillwater Harbor
Brices Creek, Neuse Basin, 030410, 27-101-40-(7), NSW, SC, Sw
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Bayliss:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 3378 linear feet of shoreline by bulkhead installation with
125 cubic yards of fill below the Normal Water Line (NWL). Also included is the shading of
18314(ftz) of waters associated with the installation of a 100 slip marina and 5826 square feet (ft)
of protected riparian buffers for the purpose of providing access to the marina at the subject
property, as described within your application dated December 3, 2007 and received by the N.C.
Division of Water Quality (DWQ) on February 19, 2007. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3642 (GC3642). The Certification(s) allows you to use Nationwide or General Permit(s)
198000291 when issued by the US Army Corps of Engineers (USACE). This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .0233. 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, and 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. 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
North Carolina Division of Water Quality Internet: A,ww.ncwaterqualitv.orP
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
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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:
Amount Approved (Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands na (acres) na
Waters 125 (cubic yard) Plat provided to DWQ on Sept.
3, 2008
Buffers 5826 (square ft.) Plat provided to DWQ on Sept.
3, 2008 excluding the hiking
trail, second access to A&C
Dock, and the third access to B
Dock
2. 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.
3. 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.
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4. 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.
5. 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.
6. 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 sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
7. Final Construction Drawings
Two copies of the final construction drawings shall be furnished to NCDWQ prior to
construction. The drawings should depict the site as permitted in this certification.
8. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline
or coastal wetland (whichever is more landward) associated with bulkhead
installation must be done in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must be replanted with
grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted
with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation
must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 320 trees per acre at maturity.
This density can usually be achieved by planting approximately 436 (10 x 10 spacing)
to 681 (8 x 8 spacing) trees per acre.)
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
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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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. 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,
oZeen H. Sul ins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, WaRO
File copy
Don Quinn, The Clark Group
PO Box 10136, Wilmington, NC 28404