20091089 Ver 1_Approval Letter_20091113

ILFWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 13, 2009
NC Division of Marine Fisheries
Mr. Harry C. Hardy & Mr. Gregory W. Bodnar
Post Office Box 769
Morehead City, NC 28557-0769
Subject Property: AR-396, Oriental Reef
Neuse River
DWQ Project # 09-1089
Pamlico County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hardy & Bodnar:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 5.39 acres of open water bottom for the purpose of artificial
reef construction at the subject property, as described within your application dated October 8,
2009 and received by the N.C. Division of Water Quality (DWQ) on October 13, 2009. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3641 (GC3641). This Certification allows you to use the CAMA
Major Permit when the Division of Coastal Management issues it. 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 Neuse Riparian Buffer Rules. 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:
North Carolina Division of Water Quality Internet: www.ncwaterquality.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper )Vaturally
NC Division of Marine Fisheries
Mr. Harry C. Hardy & Mr. Gregory W. Bodnar
Oriental Reef
Page 2 of 3
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 (feet)
404/CAMA Wetlands acres
Waters 5.39 (acres) AR-396
Buffers (square ft.)
2. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life/fish kills.
3. 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.
4. Recycled Concrete
All reuse and/or recycled concrete must be free from loose dirt, fine particulate material, and
any other pollutants. The concrete shall not have any exposed wire or rebar. Concrete shall
not have been used as bridge decking, roadway surface, or holding tanks for chemical
pollutants. All concrete material, including reef balls, shall be inspected by persons from the
Division of Water Quality before deployment in reef material field.
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
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.
NC Division of Marine Fisheries
Mr. Harry C. Hardy & Mr. Gregory W. Bodnar
Oriental Reef
Page 3 of 3
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 15A NCAC 02H..0500. If you have any questions, please telephone Roberto Scheller
of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
For Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, David Moye, WaRO
File copy
Filename: 09-1089