20110541 Ver 1_Approval Letter_20110623

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2011
Ray's Creekside Marina Inc.
Billy Creech
PO Box 593
Oriental NC 28571
Subject Property: Ray's Creekside Marina
Smith Creek [NEU 10 27-129-7-(2); SC; NSW]
DWQ Project # 11-0541
Pamlico County
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Creech:
You have our approval, in accordance with the attached conditions, to impact 0.37 acres of waters
for the purpose of dredging an area approximately 90' long and 181 ' wide to the existing -6.5' nwl
contour as described in your application received by the Division of Water Quality (DWQ)
401 /Wetlands, Buffers, Stormwater, Compliance and Permitting Unit on June 6, 2011. 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.or?
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
The Additional Conditions of the Certification are:
1. Impacts Approved
Page 2 of 4
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 0.37 (acres) DCM Narrative, CAMA
Major A lication
Buffers square ft.
2. 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.
3. 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.
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
Page 3 of 4
5. Compliance with Water Quality Certification 3641
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3641.
6. Waste & Spoil Disposal Site Conditions
The spoil disposal area must be inspected and approved by a representative of the Department
prior to commencement of dredging activities.
There will be no excavation from or spoil waste disposal into jurisdictional waters or wetlands
associated with this permit without prior approval and modification of permit. Should waste or
spoil sites be located in waters or wetlands, compensatory mitigation may be required due to its
direct relation to this dredging activity approval.
7. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
8. Re-opener Clause
Ray's Creekside Marina Inc. and its authorized agents shall conduct its 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. Ray's Creekside Marina Inc. shall require its contractors (and/or agents) to comply with
all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a
copy of this Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ 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, DWQ 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, DWQ shall notify Ray's Creekside
Marina Inc. and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Ray's Creekside
Marina Inc. 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.
9. 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
Page 4 of 4
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 919807-6364.
Sincerely,
d&XI-)
4OA-1 Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3641
Cc (w/out enclosures):
Tracey Wheeler, Corps of Engineers, Washington Field Office
,,-6WQ WBSCP
DCM, Doug Hugget, Morehead Office
DCM, Roy Brownlow, Morehead Office
DLR, Washington Regional Office
File copy
Eastern Shores Marine Constr. Inc., Luther Yeomans 198 Cape Lookout Dr. Harkers Island
NC 28531
Filename: 11-0541 _RaysCreek_3641-Approval/aa