20081439 Ver 1_Approval Letter_20101122

ALFTA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Subject Property: 184 Olde Point Road, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Zack:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
10 sf of coastal marsh and 76 sf of open water for the purpose of replacing a failing bulkhead, reconfigure the
existing floating dock and install a new boatlift on an existing docking facility, as described within your CAMA
application dated November 1, 2010 and received by the Wilmington Regional office on November 1, 2010.
After reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Numbers 3821 (GC3821), 3689 (GC 3689) and 3687 (GC 3687). These Certifications allow you
to use the Nationwide Permit 18 (NW 18), Nationwide 13 (NW 13) and General Permit 198700056 (GP 56)
when issued by the US Army Corps of Engineers (USACE) and the CAMA 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 below.
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
Coastal wetlands 0.0002 acres 10 s ft) Bob Zack Bulkhead page 2 of 4 (attached)
Shallow bottom open
waters 0.0017 acres (76 sq ft) Same as above
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
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Page Two
Robert & Meg Zack
DWQ # 08-1439 V2
November 22, 2010
2. Sedimentation and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications goveming 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. 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 (turbidity curtains) must be
used to meet this standard.
The discharge of the effluent at the disposal site may not exceed the 25 NTUs. If it does, please stop
discharging and contact this Office for further evaluation and possible project modification.
Please notify DW4 if ANY turbidity issues arise during this proiect
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/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.
Page Three
Robert & Meg Zack
DWQ # 08-1439 V2
November 22, 2010
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 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,
V- I
Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3689
GC 3821
GC 3687
Certificate of Completion
cc: Stephen Conway - Southeastern Coastal construction Co.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Timpy - USACE Wilmington Regulatory Field Office
Holley Snider - DCM Wilmington
Doug Huggett - DCM Morehead City
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