20061215 Ver 3_Approval Letter_20110228

ff T A CAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 28, 2011
Town of Duck
Mr. Christopher J. Layton
Post Office Box 8369
Duck, NC 27949
DWQ Project # 06-1215 Ver. 3
Dare County
Subject Property: Town of Duck Soundside Boardwalk/Town Hall Complex/ Public Pier
Pasquotank River Basin, Currituck Sound (PAS 54, 30-1; SC)
Approval of 401 Water Quality Certification #3641 with Additional Conditions
Dear Mr. Layton:
You have our approval, in accordance with the attached conditions and those listed below, to
impact by shading 0.12 acres of open waters, 0.074 acres of coastal wetlands, and 0.074 acres of
404 wetlands. Impacts are for placement of 2, 150 linear feet of elevated boardwalk 10 feet wide
to provide pedestrian access along the Sound connecting existing businesses and Town Park and
to provide a public docking facility with four boat slips at the northern terminus of the boardwalk.
Impacts, as described within your application dated January 21, 2011 and received by the N.C.
Division of Water Quality (DWQ) on January 24, 2011. After reviewing your application, the
impacts proposed are covered by General Water Quality Certification Number(s) 3641 (GC3641).
This Certification(s) is issued in conjunction with The Division of Coastal Management Major
Development Permit and General Permit(s) 198000291 when issued by the US Army Corps of
Engineers (USACE). This approval supersedes the approval issued on September 24, 2010.
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.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCuohna
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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
404/CAMA Wetlands 0.074 (acres) shading Plan submitted with
coastal wetlands Modification Request
0.074 (acres) shading 404
wetlands
Waters 0.12 (acres) shading Plan submitted with
Modification Request
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding
Resource (ORW) waters, then the sediment and erosion control requirements
contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supercede all other sediment and erosion control requirements.
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 and
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authorized by this written approval, including incidental impacts. 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 without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
5. Docking Facility
The docking facility is permitted as daytime only dockage. Dockage of vessels other than the
permitted four day-slips will require re-evaluation by DWQ of the use of the dockage facility.
Handrails or other devices, including signage, should be used to discourage use of any dock
space other than the four designated day dockage slips.
6. 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. 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.
9. Notification of Construction
Immediately prior to the permittee initiating construction on the proposed project, the
permittee will contact the DWQ Regional Office and provide notice of construction
commencement date.
10. 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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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 15A NCAC 02H..0500. If you have any questions, please telephone Amy Adams of
the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express
Unit at 919-715-4631.
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers, Raleigh Bland Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Hugget, Morehead Office
DCM, Ron Renaldi, Elizabeth City Office
DLR, WaRO
File copy
Filename: 06-1215 V 3_3641 _Approval_TownofDuck/aa