20050963 Ver 1_Approval Letter_20050715

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

July 15,2005

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05-60(03

R.A. Development, Inc.
c/o Randy Allen
110 Matthews Station St.
Suite 2D
Matthews, NC 28105

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JUL 2 1 2005

SUBJECT:

Approval of 401 Water Quality Certification
and Additional Conditions
Cannonsgate at Bogue Sound SID
DWQ I}roject # 050963
Carteret County

DENR - WATER QUALITY
Dear Mr. k\'lTl.,mOSNJO STORMWATER BRANCH

You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located on your property (Approximately 287 acres) located offNC Highway 24 near
adjacent to Bogue Sound, Sanders Bay and Sikes Creek near Ocean in the White Oak Township, in
Carteret County. This approval allows you to:

1. Maintenance dredge existing acccss channel to a depth of -9 MLW (600' X 40').
2. Maintenance dredge existing entrance channel to a depth of -10.5 MLW (500' X 40').
3. Maintenance dredge an existing boat basin to a depth of -6 to -7.5 MLW (650' x 500).
4. Construct a boat ramp (20' X 124') with the terminal end to be located a t -7' below NWL.
5. Construct three (3) community observation piers (two in Sikes Creek and one in Bogue Sound).
6. Construct a floating dock/finger pier system within existing boat basin.
7. Excavate spoil basin and two (2) nature ponds in high ground without impacting any
jurisdictional wetlands.
8. Rcplace/reconstruct a road crossing in 404/401 type wetlands and replace existing wooden
bulkhead with vinyl sheets. No additional wetland impacts are to occur and existing pipe is to
remaIn.

This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality (DWQ) Wilmington rcgional Office (WiRO) on
June 16, 2005. After reviewing your application, we have deternlined that General Water Quality
Certification Number 3400 covers this activity. This Certification can also bc found on line at:
http://h2o.enr.state.nc.us/ncwctlands/ccrts.html.This Ccrtification allows you to use your CAMA Permit
whcn the NC Division of Coastal Management issues it. Please kecp in mind that therc may bc additional
Federal, State or Local regulations applicable to your projcct, such as (but not limitcd to) Scdiment and
Erosion Control, Non-Discharge and Watcr Supply Watcrshed regulations, NPDES and Coastal
Storn1\vater. In addition, this approval will expire when the accompanying CA;\IA Permit expires
unless otherwise specified in the General Certification.

N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One .

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Page Two
R.A. Development, Inc.
c/o Randy Allen
DWQ Project # 050963
July 15,2005

Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:

I. 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 Notice 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.

2. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened.

3. Dced notifications shall bc placed on all remaining wctlands. These mechanisms shall be in
place within 30 days of thc date of issuance of thc 40 I Certification Icttcr or the issuance of
thc 404 Pcrmit (whichever is later). Please send DWQ a copy of the recorded deed
notifications (an example can be found on the above mentioned website).

4. Upon completion of all work approvcd within the 401 Watcr Quality Certification or
applicablc Buffer Rules, and any subsequent modifications, thc applicant is requircd to return
the attached certificate of completion to this office and a copy to the 401 Ovcrsight/Express
Review Pcrmitting Unit, North Carolina Division ofWatcr Quality, 1650 Mail Servicc Center,
Raleigh, NC, 27699-1650.

Please notify this Office at the number listed below if any problem arises during the construction
of the projcct that may affect watcr quality.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you rcceive this letter. To ask for a hearing, send a
written petition conforming 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 DWQ Pern1it #050963 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Stecnhuis or Ed Beck at 910-796-7215.

Sincerely"
,.

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i __./~JJ,.I./~J/. ,/~-
/~~",~-Alan W. Klimek, P.E., Director
I Division of Water Quality

Attachments: GC # 3400
Certificate of Completion

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cc: Consultant - Lawrence R. Zucchino, ASLA
Corps of Engineers Wilmington Field Office - Henry Wicker
DCM WiRO - Jason Dail
DCM Morehead - Doug Huggett
40 I Oversight/Express Review Pemlitting Unit - Cyndi Karoly
WiRO