20090300 Ver 2_Approval Letter_20100707

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
July 7, 2010
Whittaker Creek Yacht Club
Mr. John Vinci
2113 Oakton Drive
Raleigh, NC 27606
Natural Resources
DWQ Project # 09-0300 Ver.2
Pamlico County
Subject Property: Whittaker Creek Yacht Club Dock Rebuild Project
Whittaker Creek, Neuse River Basin (NEU 10, 27-130, NSW; SA; HWQ)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Vinci:
You have our approval, in accordance with the attached conditions and those listed below, to replace dock
supports at an existing 82 slip marina with open water shading impact of 4.45 acres and coastal wetlands
shading impacts of 0.002 acres. As described within your application dated April 20, 2010 and received by
the N.C. Division of Water Quality (DWQ) on May 27, 2010. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3641 (GC3641).
The Certification(s) allows you to use General Permit(s) 198000291 when issued by the US Army Corps of
Engineers (USACE). 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 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
North Carolina Division of Water Quality Internet: www.ncwaterquality org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 0.002 (acres) Plan Sheets I through 10
Waters 4.45 (acres)
Buffers (square ft.)
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.
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.
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6. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of
pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US
Fish and Wildlife Service, and National Marine Fisheries Service.
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Turbidity curtains shall be used to isolate all work areas from the Whittaker Creek, including pile or
casement installation, placement of riprap, and excavation. The turbidity curtains shall extend past the
construction limits and attach to the silt fences containing the work site. The turbidity curtains shall
not encircle a work area. The turbidity curtains are to be properly maintained and retained in the water
until construction is complete and all of the work area contained by the turbidity curtains has been
stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within
the curtains reaches ambient levels.
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
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. 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.
Sin rely,
u
For Col e en u ins
Enclosures: Certificate of Completion
GC 3641
cc: Brandi Robertson, Prescott Marine Construction
Tracy Wheeler, Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead City Office
CAMA, Brad Connell, Morehead City Office
File copy