20100275 Ver 1_Approval Letter_20100602

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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 Secretary
June 2, 2010
DWQ Project # 10 0275
Carteret County
NC Wildlife Resources Cornmission TH14' IS
Division of Engineering Services ? NOT
Attn: Mark Hamlett
1720 Mail Service Center A CAMA
Raleigh, NC 27699
PERMIT
Subject Property: Boating Access Area 6710 Emerald Drive, Emerald Isle
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hamlett:
You have our approval, in accordance with the attached conditions and those listed below, to construct a
boating access facility witli two double boat ramps, piers and floats, a fishing pier, bulkhead, parking
area, stormwater facilities, turning lane and associated amenities, as described within your CAMA
application dated April 7, 2010 and received by the Division of Water Quality (DWQ) Wilmington
Regional Office (WiRO) on April 9, 2010 and additional information received on June 2, 2010. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3642 (GC 3642). This Certification can also be found on line at:
h.ttp://h2o.enr.state.i-ic.us/iicwctlan(is/certs.litiii1. The Certification allows you to use the 404 pen-nit
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 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, N,' 28405
Phone: 910-71?6-7215 / FAX: [phone]
Internet: www n_cwrterc, unlit ( r
An Equal Opportunity/Affirmative Acfion Employer
50io Recycled/ 10% Post Consun er Paper
North Carolina
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Customer Service 1-877-623-6748
1116.
Page Two
NC Wildlife Resources Commission
Attn: Mark Hamlett
DWQ Project # 10 0275
June 2, 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
Shallow Bottom filled 0.0996 acres (4,340 sq ft) Emerald Isle BAA Sheet 2.1 (attached)
404/401 wetlands filled 0. 034 acres (1,490 sq ft) Emerald Isle BAA Sheet 2.2 (attached)
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.
Sediment and erosion control measures shall be in place to protect wetlands and waters
within and around the project area
3. 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.
Page Three
NC Wildlife Resources Commission
Attn: Mark Hamlett
DWQ Project # 10 0275
June 2, 2010
4. Turbidity Standard
The turbidity standard of2 5 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 if ANY turbidity issues arise during this nroiect
5. 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 perfonned so that no violations of state water quality
standards, statutes, or rules occur.
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by
this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms may be found at htt1)://h2o.enr.state.nc.us/srr/Fonns Docutnents.htm.
7. "Re-opener" Clause
The NC Wildlife ResOUrces Commission (NC WRC) and its authorized agents shall conduct its
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. The NC WRC 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 the NC WRC and the US Anny Corps of Engineers, provide public notice in
accordance with 15A NCAC 2E-1.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the NC WRC in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued ptu-suant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
Page Four
NC Wildlife Resources Commission
Attn: Mark Hamlett
DWQ Project # 10 0275
June 2, 2010
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 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
.?Z Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Mark Hamlett - NC Wildlife Resources Commission
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
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