20100557 Ver 1_Approval Letter_20100813

AjA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2010
Alligator River National Wildlife Refuge
Mr. Dennis Stewart
Post Office Box 1969
Manteo, NC 27954
DWQ Project # 10-0557
Dare County
Subject Property: Alligator River Offshore Oyster reef/sill
Tar-Pamlico River Basin, Pamlico Sound (PAS 55, 30-22, SA, HQW)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stewart:
You have our approval, in accordance with the attached conditions and those listed below to
impact by fill 4,000 square feet of open waters at the Point Peter Site, 2,000 square feet of fill in
open water at Northern Site, and 2,000 square feet of fill at Southern Site for a total of 8,000
square feet of fill for the purpose of constructing oyster reefs/sills. The impacts are as described
within your application dated July 12, 2010 and received by the N.C. Division of Water Quality
(DWQ) on July 14, 2010. After reviewing your application we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3641 (GC3641). This Certification(s)
is issued in conjunction with the CAMA Major Permit and 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
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 Natulrall'ff
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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
Stream (feet)
404/CAMA Wetlands (acres)
(acres)
Waters 0.09 (acres) fill
0.046 (acres) fill
0.046 acres fill Point Peter Site, Drawing 3 of 7
Northern Site, Drawing 1 of 7
Southern Site, Drawing 6 of 7
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.
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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.
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.
7. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums prescribed by
the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National
Marine Fisheries Service.
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.
ncerely
For Col en H. s
Enclosures: Certificate of Completion
GC 3 641
cc: 401 Oversight/Express Permitting Unit
Raleigh Bland, USACE, Washington Regulatory Field Office
Doug Huggett, CAMA, Morehead City
Claudia Jones, CAMA, Elizabeth City
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