20060137 Ver 3_Approval Letter_20111017

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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 Secretarv
October 17, 2011
Carolina Marina And Yacht Club, LLC
Mr. Tim Ward
1512 Burnett Road
Wilmington NC 28409
Re: Carolina Marina and Yacht Club, New Hanover County
DWQ Project # 20060137, Ver. 2
Atlantic Intercoastal Waterway (030624,18-87-(30.5), SA, HQW
APPROVAL of 401 Water Quality Certification - MODIFICATION
Dear Mr. Ward:
Attached hereto is a copy of Certification No. 3844 issued to Mr. Tim Ward, Manager of
Carolina Marina And Yacht Club, LLC, dated October 17, 2011. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Non-discharge, and Water
Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Since ,
a\-3coleen Sullins
CHS/kah/ijm
Attachments: Certificate of Completion
cc: Becky Fox - EPA, 1307 Firefly Road, Whittier, NC 28789
Dave Timpy - Wilmington District, USACOE
Dan Sams - DLR, Wilmington Regional Office
Doug Huggett - DCM, Morehead City
Jessi O'Neal - DMF Wilmington Regional Office
Chad Coburn - DWQ Wilmington Regional Office
File Copy
Vvetlands, Buffers, Storrn .?ater, Compliance antl Penr'ttinq Unit (WeBSCaPe)
165011,dl Service Center, Raleigh !!orth Carolina 27u99-1650
Fh,ont X19-807-63001F X 919 7-6494
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Filename: 060137 Ver2Carol inaMarina(NewHanover)401_IC_MOD
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Carolina Marina And Yacht Club
New Hanover County
2006-0137v3
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 21-1, Section.0500 to Mr. Tim Ward, Manager
of Carolina Marina And Yacht Club, LLC, to construct a dry storage facility with associated
marina clubhouse, driveways, parking lots, septic system, stormwater treatment system,
pedestrian access pier, and a travel lift pier with fixed platforms, floating docks, and construction
of a bulkhead two feet waterward of the existing boat ramp, pursuant to a modification request
dated the 23`d of August 2011. This Certification replaces the Certification issued to you on
December 10, 2010.
The application and supporting documentation provides adequate assurance that the proposed work
will not result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice and the Division of Coastal Management Application. If the
project is changed, prior to notification a new application for a new Certification is required. If
the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions of this Certification. Any new
owner must notify the Division and request the Certification be issued in their name. Should
wetland or stream fill be requested in the future, additional compensatory mitigation may be
required as described in 15A NCAC 21-1.0506 (h) (6) and (7). If any plan revisions from the
approved site plan result in a change in stream or wetland impact or an increase in impervious
surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may
be required. For this approval to be valid, compliance with the conditions listed below is
required.
Conditions of Certification:
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:
Type of Impact Amount Approved Units Plan Location or Reference
Open Water (incorporated) 0.008 acres
(384 square feet) Proposed Site Plan Revisions Sheets 1
through 3
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Carolina Marina And Yacht Club
New Hanover County
2006-0137v3
Sediment and Erosion Control:
2. 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.
3. 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 may be found at
hqp ://h2o. enr. state. nc. us/su/Forms Documents. htm
4. 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 404/401 Permit 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;
5. 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;
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Carolina Marina And Yacht Club
New Hanover County
2006-0137v3
Continuing Compliance:
6. Mr. Tim Ward, Manager of Carolina Marina And Yacht Club, LLC, shall conduct
construction 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. If the
Division 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, the Division 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, the Division shall notify Mr. Tim Ward, Manager of
Carolina Marina And Yacht Club, LLC, the US Army Corps of Engineers, and provide
public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for a
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions
shall be provided to Mr. Tim Ward, Manager of Carolina Marina And Yacht Club, LLC,
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;
Other conditions:
7. Any final construction plans for this project must include or reference the application and
plans approved by the DWQ under this authorization letter and certification
8. Please be aware that this area has been designated as a Primary Nursery Area
(PNA) by the North Carolina Division of Marine Fisheries. Any source of water
pollution (including dredging) that may preclude the usage and function of the PNA
as mentioned under 15A NCAC 02B .0221 will be considered a violation of water
quality standards and of this certification.
9. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
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Carolina Marina And Yacht Club
New Hanover County
2006-0137v3
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 17th day of ctober 2011
DIVI ION OF WA R QUALITY
Coleen Sullins
CHS/kah/ijm
3844