20110642 Ver 1_Approval Letter_20110810

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
August 10, 2011
Division of Marine Fisheries
Mr. Harry C. Hardy & James J. Francesconi
Post Office Box 769
Morehead City, NC 28557-0769
Subject Property: AR-291, Bayview Reef
Pamlico River [TAR07 29-(5); SB, NSW]
DWQ Project # 11-0642
Beaufort County
Approval of 401 Water Quality Certification (#3641) with Additional Conditions
Dear Mr. Hardy & Francesconi:
You have our approval, in accordance with the attached conditions and those listed
below to impact by fill 0.3 acres of open waters at DMF Reef Site AR-291. This approval
is for the placement of limestone marl modules, reef ball modules, reef ball singles,
concrete pipe singles, and concrete pipe modules in five distinct blocks each 2 acres in
size located in the northeast corner of the proposed reef boundary. The impacts are as
described within your application dated July 1, 2011 and received by the N.C. Division
of Water Quality (DWQ) on July 7, 2011. The proposed impacts are covered by General
Water Quality Certification Number(s) 3641 (GC3641). This Certification (s) is issued in
conjunction with the CAMA Major Permit and General Permit(s) 198000291 when issued
by the US Army Corps of Engineers (USACE). 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, and Non-
discharge 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. If
you change your project, you must notify us and you may be required to send us a new
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] one
Washington, NC 27889 FAX [phone] NofthCarolina
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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:
Amount Approved
Units Plan Location or
Reference
Stream (feet)
404/CAMA
Wetlands (acres)
acres
Waters 0.30 (acres) fill Reef Site AR-291, Bayview
Chart Material Fields 1-5
Buffers (square ft.
2. Erosion & 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 in order to protect surface waters
standards:
a. The 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. The 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. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
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3. 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 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 & Erosion Control Measures w/n Wetlands or 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 has released the project.
5. Reef Material Composition
All reef material shall be clean and free of dirt, debris, petroleum products, and
chemical residuals.
6. Mechanized Equipment O&M
All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of waters from fuels, lubricants, hydraulic
fluids, or other toxic materials.
7. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums
prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service,
and National Marine Fisheries Service.
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 Wetlands, Buffers.
Stormwater, Compliance and Permitting(WBSCP) 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.
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If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date 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. If you have any questions, please telephone Amy Adams of the
Washington Regional Office at 252-948-3917 or Ian McMillan of the WBSCP Unit at 919-
807-6364.
Sincerely,
k -
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For Coleen H Sullins
Enclosures: Certificate of Completion
GC 3641
cc: WBSCP Unit
Tracey Wheeler, USACE, Washington Regulatory Field Office
Doug Huggett, DCM, Morehead District Office
David Moye, DCM, WaRO District Office
File Copy
Filename: l 1-0642_AR291_3641 App/aa