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Home My WebLink About20110090 Ver 1_Approval Letter_20110211kPIA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary February 11, 2011 Subject Property: Oyster Reefs, Hampstead Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Spruill: You have our approval, in accordance with the attached conditions and those listed below to construct oyster reefs, as described in your CAMA application dated January 25, 2011 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on January 25, 2011. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This Certification allows you to use the 404 permit 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. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. 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. 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: Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwaterquaiitY org An Equal Opportunity/Affirmative Action Employer 50% Recycled/ 10% Post Consumer Paper NorthCarolina Natill'ally Customer Service 1-8:77-623-6748 Page Two Penderwatch and Conservancy Attn: Jack Spruill, Director DWQ Project # 11 0090 February 11, 2011 Amount Approved (Units) Plan Location or Reference Open Waters (Shallow bottom) Drawings/aerials labeled Reefs 8,8A Filled 0.0705 acres (3,069 sq ft) & 9; Reefs 7, 6, 5, 4, 3, 2, 1;Reefs 11 & 12; Reefs 13and Reef Details (attached) Coastal wetlands N/A 404/401 wetlands N/A 2. 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 performed so that no violations of state water quality standards, statutes, or rules occur. 3. 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 must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. No Sediment and Erosion Control Measures in Wetlands and 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 or locally delegated program has released the project. 5. SAV Impacts There will be NO impacts to SAVs, If any SAVs are present, the reef locations shall be adjusted to avoid all impacts to SAVs. 6. 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 Penderwatch and Conservancy Attn: Jack Spruill, Director DWQ Project # 11 0090 February 11, 2011 If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215. Sincerely, Coleen H. Sullins, Director ._ i Division of Water Quality Enclosures: GC 3642 Certificate of Completion cc: Gerald DeVito - Progressive Land Development Consultants, Plic David Timpy - USACE Wilmington Regulatory Field Office Ian McMillan - DWQ 401 Unit Doug Huggett - DCM Morehead City Heather Coats - DCM Wilmington WiRO 0'1' 130/SI0/0NINNV-Id/A3Aans ONVI/ON1833NION3 W110 :?'• - £bbBZ ON 'PoaasdwoH O Q ? ? d• • d• wm Z' _ 999NlSn9 77HWS O3N/V10 GNVN-71-44 V 0bl£'0LZ'0l6 Z99 xo 8 '0'd N O C) ? ` :auo4d ?o?oan0 - I!njdS ?!oor P , ?8 squgjnsuoD 4uauadolnaQ D77d F o •.. NOIld12i0Sd4 31da 'ON ' ' u lugguoD :# L1--?4g1IAjapuo j _ Q a ?i Z l99£ 0ZS 0l6 u? 2/1?SS2 16 : SNOISInI? ? ®?! L148Z ON uo;6ulw1!M r 7 \l-7nrnn? w H a ¢ w o N W W C? 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