20041844 Ver 2_Approval Letter_20110906

T 4W
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
NC Coastal Federation
Attn: Ted Wilgis
530 Causeway Drive, Suite F-1
Wrightsville Beach, NC 28480
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
September 6, 2011
o? - 18??LA V 2
DWQ Project # 2011 0726
Onslow County
Subject Property: Morris Landing Project, Holly Ridge
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.Wilgis:
You have our approval, in accordance with the attached conditions and those listed below to construct a series of
sills/oyster reefs and restore/replant a marsh area and maintain and improve the existing breakwater/sill by 20
feet, as described in your CAMA application dated August 3, 2011 and received by the Division of Water Quality
(DWQ) in the Wilmington Regional Office (WiRO) on August 4, 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.
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:
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] /FAX: [phone] ?,jyt1/t'?/I'??1/
Internet: www.ncwateraualitv.ora
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
Page Two
NC Coastal Federation
Attn: Ted Wilgis
DWQ Project # 11 0726
September 6, 2011
Amount Approved (Units) Plan Location or Reference
Open Waters (filled) N/A
Shallow Bottom
Fill (oyster reef/sill)
Fill marsh restoration
4,635 sq ft (0.106 ac)
3,125 s ft 0.072 ac
Work Plan Drawing 1 of 9
Work Plan drawing 2 of 9 (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. All backfill material shall be obtained from a high ground source and confined landward of the permitted
sill. All backfill will consist of clean, earthen material free of any pollutants except in trace quantities.
Monitoring
Approximately six (6) months after the installation of rock sill structure in waters, streams, and/or
wetlands the structure shall be inspected for erosional areas, headcutting, shifts or movement of rocks
within sill structure, etc. Eighteen (18) months after installation another visual inspection shall be
conducted. Written notification is required after these inspection; any problems found during inspections
shall be documented and the appropriate DWQ Wilmington Regional Office staff member contacted to
arrange a field visit. The permittees (property owners) shall consult with the Regional DWQ staff
member to determine if a permit modification is needed to correct the problem. The property owner
and/or owners shall assume responsibility of repairs and maintenance of rock sill structure throughout the
life of the project.
6. If monitoring indicates that all or portions of the project are failing to meet one or more of the required
success criteria, the monitoring report must provide a remedial action plan to address the deficiency. The
remedial action plan, at a minimum, must describe the failure, the source or reason for the failure, a
concise description of the corrective measures that are proposed, and a timeframe for the implementation
of the corrective measures.
If initial planting efforts fails and the project area must be replanted, the vegetative monitoring timeframe
is reset to year one.
Page Three
NC Coastal Federation
Attn: Ted Wilgis
DWQ Project # 11 0726
September 6, 2011
At the end of the 5t' year of monitoring, the permitee shall notify the DWQ in writing. If it is determined
that the project is failing, the permitee shall be given the opportunity to express their intensions in writing
regarding the future of the project. Should the permitee no longer wish to maintain the project pursuant to
the marsh restoration/creation plan, at the permitee's expense, all construction materials and backfill shall
be removed for placement on approved upland disposal site. Pre-project elevations and contours shall be
restored to the effected area(s).
A monitoring report will be required to be provided to the DWQ by December 31s` of each monitoring
year and will be required for a minimum of five (5) years. The reports will be sent to the Wilmington
Regional Office at the address of this letter and to the NCDENR Wetlands Stormwater Branch 1650 Mail
Service Center Raleigh, NC 27699-1650.
10. Please incorporate any monitoring criteria by the Division of Marine Fisheries
11. 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
Page Four
NC Coastal Federation
Attn: Ted Wilgis
DWQ Project # 11 0726
September 6, 2011
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,
C en H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO
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