20041040 Ver 3_Approval Letter_20100413

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
T A ri113 2010 SLIM H Ss IS N01 DWQ Project # 04 1040 V2 & V3
Brunswick County
NC Baptist Assembly
Attn: Richard Holbrook, Dito UAMAPERM
100 Caswell Beach Road
Oak Island, NC 28465
Subject Property: NC Baptist Assembly Dredging Project, Oak Island
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holbrook:
You have our approval, in accordance with the attached conditions and those listed below, to
maintenance dredge in the boat basin and existing access channel, as described within your CAMA
Express application dated March 10, 2010 and 401 Express application received by the Division of
Water Quality (DWQ) Wilmington Regional Office (WiRO) on April 7, 2010 and additional
information received on April 12, 2010. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Numbers 3698 (GC 3698) and 3700 (GC
3700. These Certifications can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.h.tml.
These Certifications allow you to use the corresponding Nationwide 35 (NW 35) and 16 (NW 16) when
issued by the US Army Corps of Engineers and 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 maybe 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguality.orq
An Equal Opportunity/Affirmative Action Employer
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NorthCarolina
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Customer Service 1-877-623-6748
Page Two
NC Baptist Assembly
Attn: Richard Holbrook, Director
DWQ Project # 04 1040 V2 & V3
April 13, 2010
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
Open Waters Calculation of quantities were
(shallow bottom) dredged done in Auto CADD (Figure 3 of 4
basin and channel 3.92 acres (170,672.45 sq ft) attached)
Coastal wetlands N/A
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. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Please notify DWQ ifANY turbidity issues arise during this protect
Page Three
NC Baptist Assembly
Attn: Richard Holbrook, Director
DWQ Project # 04 1040 V2 & V3
April 13, 2010
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.
6. No dredging within 10' of coastal wetlands
This letter includes approvals for impacts for open water dredging and does not approve impacts
to CAMA Coastal Wetlands.
8. 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.
9. "Re-opener" Clause
NC Baptist Assembly and its authorized agents shall conduct their activities in a manner
consistent with state water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of state law and federal law. NC Baptist Assembly shall require its contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If DWQ determines that such
standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions appropriate
to assure compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify NC Baptist Assembly and the
US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new
or revised conditions shall be provided to NC Baptist Assembly in writing, shall be provided to
the United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
proj ect.
Page Four
NC Baptist Assembly
Attn: Richard Holbrook, Director
DWQ Project # 04 1040 V2 & V3
April 13, 2010
10. 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 3698
GC 3700
Certificate of Completion
cc: Greg Finch - Land Management Group
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
W.
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