20051906 Ver 3_Approval Letter_20110927

A .A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
September 27, 2011
Dee Freeman
Secretary
DWQ Project # 2005 1906 V3
s Carteret County
Friends of Spooners Creek His I v
Attn: Ed Robbins Vice Preside t N%T
' =Jk
408 Sand Fiddler Court Morehead City, NC 28557 (;AMA M1
H
Subject Property: Spooners Creek Channel Maintenance, Morehead City
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Robbins:
You have our approval, in accordance with the attached conditions and those listed below to maintenance dredge
the existing entrance channel to Spooners Creek Harbor, as described in your CAMA application dated August 9,
2011 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on
August 11, 2011 and additional received on September 26, 2011 via e-mail. 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
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
North Carohna
Naturally
Customer Service 1-877-623-6748
Page Two
Friends of Spooners Creek
Attn: Ed Robbins Vice President
DWQ Project # 05 1906 V3
September 27, 2011
Amount Approved (Units) Plan Location or Reference
Open Waters (filled) N/A
Shallow Bottom (dredged) 68,000 sq ft (1.56 ac) Spooners creek entrance channel
(attached)
Coastal wetlands filled N/A
404/401 wetlands (filled) 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. Moratoriums
You will comply with any moratoriums per the Division of Marine Fisheries.
5. 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:
Page Three
Friends of Spooners Creek
Attn: Ed Robbins Vice President
DWQ Project # 05 1906 V3
September 27, 2011
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.
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,
4ion H. Sullins, Director
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
Heather Styron - DCM Morehead
W1RO
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