20110357 Ver 1_Approval Letter_20110426

r NOT A CAMA PERMIT
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 26, 2011
DWQ Project # 11-0357
Dare County
Lance Round
6196 Knotts Creek Lane
Suffolk VA 23435
Subject Property: 39194 Cobia Way, Hatteras Colony S/D
Mill Creek [PAS55 30-22-22; SA, HQW]
Approval of 401 Water Quality Certification (GC3641) with Additional
Conditions
Dear Mr. Round:
You have our approval, in accordance with the attached conditions, to
place fill material within or otherwise impact 376 Square Feet (0.007 acres)
of waters and 15 Square Feet (0.0003 acres) of coastal marsh to replace
70 ft. bulkhead, remove existing dock and replace with 8'x 32' platform as
described in your application received by the Division of Water Quality
(DWQ) 401 Oversight/ Express Review Permitting Unit on April 12, 2011.
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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Page 2 of 4
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:
Area Amount Approved Plan Location or
Units Reference
Stream (feet)
404/CAMA 15 SF (0.0003 acres) Plan Sheet included in
Wetlands a lication
Waters 120SF (0.002 acres) Fill Plan Sheet included in
256SF (0.005 acres) application
Shading
Buffers square ft.)
2. 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
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. 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:
Page :3. of 4
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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. Water Quality Certification
The proposed project must comply with all of the conditions of General
Water Quality Certification (GC) 3641.
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.
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.
Page 4 of 4 '
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
919-715-4631.
Sincere y,
For Coleen H. Sullins
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, Frank Jennings, District Manager, Elizabeth City Office
File copy
Filename: 1 1-0357_Round_3641-Approval/aa