20080922 Ver 2_Approval Letter_20110603

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 3, 2011
DWQ Project # 08 0922 V2
Carteret County
nod T S Ng ""' T
Edgewater Properties Inc."
Attn: Charles Oliver, 11
; ?
2400 Lennoxville Road
M
"ER" HT
Beaufort, NC 2E5 16
A Subject Property: Front Street Village Phase II, Beaufort
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.Oliver:
You have our approval, in accordance with the attached conditions and those listed below to excavate a 75' X
510' shallow bottom area adjacent to excavating a high ground basin (approximately 95' X 310'), construct a
bulkhead associated with the basin, a 2' X 60' groin associated with the protection of existing wetlands that will
be exposed by the excavation, construct retaining walls adjacent to the unnamed tributary and landward of all
wetlands, two bridges to cross the unnamed tributary with no proposed wetland impacts and associated
infrastructure for the proposed project, as described in your CAMA modification dated May 4, 2011, and received
by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on May 9, 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: [phone] / FAX: [phone]
Internet: www.ncwaterquality_org
An Equal Opportunity/Affirmative Action Employer
50(,". Recycled/ 10% Post Consumer Paper
NorthCarolina
Naturally
Custorner Service 1-877-623-6748
Page Two
Edgewater Properties, Inc.
Attn: Charles Oliver, Il
DWQ Project # 08 0922 V2
June 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
(Shallow bottom) dredged
(Shallow bottom) filled
38, 250 sf ft (0.878 acres)
120 s ft ( 0.0028 acres)
Sheet 05 of 16 (attached)
Sheet 04 of 16 (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
Moratoriums
Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
6. Wetland Boundary Identification
The wetland boundary must be clearly identified with fencing on all areas that have jurisdictional
wetlands present as depicted on the jurisdictional determination map signed by the US Army
Corps of Engineers. The wetland boundary identification must be maintained until the project'
completed or approval by the DWQ to remove them.
Page Three
Edgewater Properties, Inc.
Attn: Charles Oliver, II
DWQ Project # 08 0922 V2
June 3, 2011
7. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by
this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms maybe found at http: //h2o. enr, state. nc. us/.vu/Forms Doc uments. htm.
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.
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: [phone], 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.
Page Four
Edgewater Properties, Inc.
Attn: Charles Oliver, II
DWQ Project # 08 0922 V2
June 3, 2011
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
Attachments
Enclosures: GC 3642
Certificate of Completion
cc: Bill Forman, Jr. PE - Bay Design Group, PC
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Wetlands and Stormwater Branch
Heather Styron- DCM Morehead City
Doug Huggett - DCM Morehead City
WiRO

r
Y
Zt
w
0
N
0
r
o
0
0
CO
to
w
J
J
0
Z
Z
W ._
J
Q? I i
}
Q o
o
Z N
O
Ln
\i W O
W w+?\ \ L O
CL
O ?
CL W
J
C)
co
o
¢?I I
ED?i I
?I
oZz
Il I
-+ 1
_ -1 ce I LL:
?10? o
CC)
IOW Z
t
I CL z 0M
X _j CL
U3 m?
7
W O0
I I
I I
cl I
J Q
YCL I
my
?r I
Z
I Im I
YI I
I J
r xl I
r-- -? w I ? I
rrl? I
L =1= I o I
I Q=_? I
Z?- I
I I
20 I
--- ?? W I
? ?inr z
II II I I I.-? I
I z I
_.? --- I
Y ?, u
Q Y w 'z I
Q Q co
Q
w ? U I
Z W
I
I? - I
4
4
O
S ? 3 3
v
0
m ei ?
a ?
v
0
0
Q'LLB
J J
IL J
O 1- O
?z
z
W
J
W
U)
Q

CL

J
>
O

EE F-
W
W

z
O

LL
U
Z 0
W J N
CL --=! U
z Z
O >
w w x
W=0
f- w?
w ° °?°
N
D
w
Q?
His j
0
V
m
°
?m
C13 C) D
r
m
m
z 70
o -a
r
-,x; m
Q
r= M
n? m
C.n
N
°z
n
T
m
Q
z

Cl)
4
X
m
m

m

0

D
Cf)
m
v m
x
my n
>
0
z n z
y
Z m
90
z
0
s
m
rn Tt ?L m
b
CTt
D
z
0
Cl)
v
C) C!)
r
m
Qo
0
0
I
y
1n
111
a
* z
m
r
m
2
'0 ?111
8
I I I -- I 11
I I ? I

cn DCI
r ?'I
m m I I I

? NI ?I
I I I
?
N ? ? nl
? ? I I I
rn S _ _ _._• - _ _._.

I r
m r
m ?
?
b •-
I ? ?L
rn I I

•• ................. . Ci

................... C
I

y

I ..

I
.......
2 I, X
''. Cl)
C7
v-4 Co
............................
W. I
: Zw

I v:
.... 8
F z CSI
m -n Zl

?

I 'ILI I I I I Lf
A I
I ' 1 /
1 1 IG /
I
1 ?1
I
II ? I /
(1
I II'1 /

E:: z
I
vo m
m x
Cl) w
I N mGo 'I11 cn 'Tl
11 0
I

?,
I > ? ? : 1
O m ' ° m
nl I
w+ ?
' 111
11
g
i
1
C

b, w
I ?
11 fA A
s '?n m_ m
\, v r-
/

? y
I 1
I
II _
?
C'n
o w m' ;
III
I
m
I Lj ° Co _?:
m o?fnZ'
O D
Z

l
N r.
, Cm
G
Q ? ? I m ?i
1
I
`
? l F.
Z
•.
;
Z ?

' 1 01
'• C
`
= 1
: c I

I m - \
I
m i

N I G
1

1
I
N
vc
p o D
ZO
r -0 ? -0
-- = -
<
O r-
z m
?c Z
O ?W X D z
m
0
C) co T
-< cn
c) m
x 0
cn
m Z D m D
v
-? -+
O -<
p < m
;,:z <
D
C7 m ? m m O
0
Z G)
Z O 0 >
O O C
0 m' m
/C^ < D D b
VI ./..
TV
, m
lO
?
m

r
D \
J
o
HE
0

,
0 Olz
-
_i
m m °-
m
o -
4