HomeMy WebLinkAbout20090692 Ver 1_Approval Letter_20110503Xr-A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 3, 2011
DWQ Project # 2009 0692
Pender County
REM Alderman-Shaw Company IS y`
Attn: Bo Shaw and Bart Shaw Un-
1031 S. Caldell Street CA „
Charlotte, NC 28203?, 1_1 MIT
Subject Property: Topsail Bluff, Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Shaw and Shaw:
You have our approval, in accordance with the attached conditions and those listed below to construct a
boat ramp, a ten-slip docking facility, railed boardwalk, gazebo and uncovered deck, as described in
your CAMA application dated June 12, 2009 and received by the Division of Water Quality (DWQ) in
the Wilmington Regional Office (WiRO) on June 15, 2009 and additional information received on May
7, 2010, June 15, 2010, July 19, 2010, April 8, 2011 and May 2, 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: 910-796-7215 / FAX: 910-350-2004
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Na,unrally
Customer Service 1-8-77-623-6748
Page Two
Alderman-Shaw Company
Attn: Bo Shaw and Bart Shaw
DWQ Project # 09 0692
May 3, 2011
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
Open Waters 268 s ft CAMA Plan for Topsail bluff attached)
Coastal wetlands 406 s ft CAMA Plan for Topsail bluff (attached)
404/401 wetlands 96 s ft CAMA Plan for Topsail bluff (attached)
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. Primary Nursery Areas
Please understand that the waters around your project area have been identified by the Division
of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the
proposed project area arise in the future, please be aware that new dredging within a PNA is not
allowed under 15A NCAC 02B .0220 and is a degradation of water quality standards and
therefore considered a water quality violation.
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.
Page Three
Alderman-Shaw Company
Attn: Bo Shaw and Bart Shaw
DWQ Project # 09 0692
May 3, 2011
6. Continuing Compliance:
The Alderman-Shaw Company, LLC and their authorized agents and/or contractors, shall
conduct construction activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of State law and federal law. If the Division
determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
the Division shall notify the Alderman-Shaw Company, LLC and their authorized agents and/or
contractors and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to the Alderman-Shaw Company,
LLC and their authorized agents and/or contractors in writing, shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project.
7. Deed Notifications and/or Restrictions
A recorded copy of the deed notifications/restrictive covenants or easements and the
associated preservation map approved by the US Army Corps of Engineers Wilmington
Regulatory Office must be submitted to this Office and to the 401 Oversight and Express Unit in
Raleigh within 30 days of the issuance of the 401 certification or the 404 permit (whichever is
later).
8. 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.
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 8:00 am and 5:00
pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
Page Four
Alderman-Shaw Company
Attn: Bo Shaw and Bart Shaw
DWQ Project # 09 0692
May 3, 2011
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
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Ken Johnson - Charles Riggs and Associates
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Steve Everhart - DCM Wilmington
Doug Huggett - DCM Morehead City
WiRO
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