20110264 Ver 1_Approval Letter_20110331

NOT A CAMA PERMIT
A LV-K;WA ri'A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 31, 2011
Terry Williams
5740 Old Ferry Dock Rd.
Matins Harbor NC 27953
DWQ Project # 11-0264
Dare County
Subject Property: 5740 Old Ferry Dock Rd. Manns Harbor,'Dare County
Canal to Croatan Sound [PAS50; SC]
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Willams:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 2,000 square feet (0.045 acres) of waters from fill and 64 square feet (0.001
acre) from shading to construct a bulkhead and pier and fill a 70'x 25' man-made basin as
described in your application received by the Division of Water Quality (DWQ) 401/ Wetland
Permitting Unit on March 21, 2011. After reviewing your application, we have determined that
the Division of Water Quality (DWQ) General Water Quality Certification Number 3641 covers
these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise
comply with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations and CAMA. 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
North Carolina Division of Water Quality Internet: www.ncwatergualit?org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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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)
Waters 0.045 (acres) Fill
0.001 (acre) Shading Plan included with application
Buffers (square ft.
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3641.
3. Standard Erosion and 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:
a. 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. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
4. 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.
1
Page 3 of 3
5. 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.
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 Oversight/Express Review Permitting 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.
If you do not accept any of the conditions of this Certification (associated with the approved
water 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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. 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 919-807-6364.
S' cere y,
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For Co een . Su lins
Enclosures: Certificate of Completion
GC 3641
cc: Josh Pelletier, Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Hugget, Morehead Office
DCM, John Cece, Elizabeth City Office
File copy
Filename: 11-0264_W illiams_3641_Approval/aa
REFERENCE: O.H. 827. PQ 698
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