HomeMy WebLinkAbout20071753 Ver 2_Approval Letter_20110105NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2011
ALF FCLG Bal Gra Harbor, LLC
Mr. Fred Matrulli & Fred Lesch
1900 South Blvd., Suite 300
Charlotte, NC 28203
DWQ Project # 07-1753 Ver. 2
Bertie County
Subject Property: Bal Gra Harbor Subdivision
Chowan River Basin, Salmon Creek (CH004, 25-24, NSW; B, NSW; C)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Matrulli & Lesch:
You have our approval, in accordance with the attached conditions and those listed below to
begin construction on Phase I of the subject 2,770 unit subdivision and 234-slip marina. Impacts
involve 0.30 acres of wetlands shading from placement of pier accesses walkways and roadway
bridge construction. Impacts also include 1.5 acres of open water shading from construction of
234-slip marina as described within your application dated August 19, 2010 and received by the
N.C. Division of Water Quality (DWQ) on September 7, 2010. This application was placed on
Hold for additional information request on October 22, 2010, with additional information being
received by this Office on December 20, 2010. After reviewing your application and additional
requested information we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3641 (GC3641). The Certification(s) is issued in conjunction with your
CAMA Major Permit Application and General Permit(s) 198000291 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
North Carolina Division of Water Quality Internet: www.ncwaterauality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
Page 2 of 4
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
Stream feet
404/CAMA Wetlands 0.30 (acres) shading Site Plan 10080-03
Waters 1.5 (acres) shading Site Plan 10080-03
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.
Page 3 of 4
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.
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. 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.
8. No Impacts Beyond those in Application
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.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time lots or
properties are recorded. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet_buf compl.pdf. The text of the sample
deed notification may be modified as appropriate to suit to this project.
10. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
Page 4 of 4
11. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
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.
Sincerely,
?or Coleen H. Su?Gns
Enclosures: Certificate of Completion
GC 3641
cc: J.W. Forman, Bay Design Group, P.C.
4010versight/Express Permitting Unit
Emily Jernigan, USACE, Washington Regulatory Field Office
Doug Hogget, CAMA, Morehead City
Kim Hedrick, CAMA, WaRO
File Copy