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Home My WebLink About20110923 Ver 1_Approval Letter_20111202 r 1� �� North Carolina Department of Environment and Natural Resources Diwsion of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretarv December 2 2011 �rujrw W�c..�ti r�c�r County DWQ Pro�ect# 11 0923 Mar�time Place Property Owners Association Inc c/o Mr Wilham Armfield 2904 Maggie Court High Pomt NC 27262 Sub�ect Property Maritime Place Dock and Mamtenance Dredgmg � �� Approval of 401 Water Qual�ty Cert�ficat�on w�th Add�t�onal Cond�hons I Dear Mr Armfield You have our approval m accordance with the attached condrtions to impact 0 63 acres of open waters to perform mamtenance dredging and to reconfigure an existmg commumty dockmg facility as described ui your apphcation recerved by the N C Division of Water Quahty(DWQ)on November 16 2011 After reviewmg your apphcation we have decided that the impacts are covered by General Water Quality Certification Number 3642(GC 3642) This Certification can also be found on lme at http//h2o enr state nc us/ncwetlands/certs html This Certification allows you to use the Regional General Permit#198000291 (GP 291)when issued by the U S Army Corps of Engmeers and the CAMA permit when issued by the Division of Coastal Management In addrtion you should obtau►or otherwise comply with any other required federal state or local permits before you go ahead wrth your pro�ect mcludmg(but not limrted to)Erosion and Sediment Control Non d�scharge and stormwater regulations Also this approval to proceed w�th your proposed�mpacts or to conduct impacts to waters as depicted m your appl�cat�on s6all exp�re upon exp�ration of the 404 or CAMA Permit Th�s approval is for the purpose and design that you described m your application If you change your pro�ect you must notify us and you may be requ�red 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 complymg wrth all condrtions If total fills for this pro�ect(now or ui the future)exceed one acre of wetland or 1501mear feet of stream compensatory mit�gation may be requ�red as described m 15A NCAC 2H 0506(h) This approval requires you to follow the condrtions listed m the attached certification and any addrtional conditions listed below The Add�tional Condit�ons of the Certificat�on are s� 1 Impacts Approved ,, `` � ��'a � t� The followmg �mpacts are hereby approved on all ofl t�t�o�t�er f ific and general condrtions of this Certification (or Isolated Wetland Permit�� et qther im � e roved mcludm mcidental � �� pp g im acts � �'�� .,.. Amount A roved(iJnits � L�ahon i ce O en Waters 0 63 acres �P e ' .�'eld In sti arion Re ort 2 No Waste Spoil Solids or Fill of Any Kmd " �� f � No waste s oil sohds or fill of an kmd shall occur m wetlands waters or n arian are�ond the p Y P Y footprmt of the impacts depicted m the CAMA MaJor apphcation All construction activrties mcluding the design mstallation operation and mamtenance of sediment and erosion control Best Management Practices shall be performed so that no violat�ons of state water quality standards statutes or rules occur I�` Carohna NoRh Carolina Drvision of Water Quality 127 Cardinal Dnve Extension Phone(910)796 7215 Customer Service1-877�23-67�tura!!y Wdmington Regional Office Wilmmgton NC 28405 3845 FAX (910)350 2004 Intemet h2o enr state nc us An Eoual O000rtunitvlAffirma6ve Achon Emolover—50/ Recvcled/10/Post Consumer Paper , 2 � MariUme Place POA New Hanover County 2011 0923 3 Turbidity Standard The turbidity standard of 25 NTUs(Nephelometric Turbidity Unrts)shall not be exceeded as descr�bed m 15 A NCAC 2B 0200 Appropriate sediment and erosion control practices must be used to meet this standard 4 No Impacts Beyond Those Approved No waste spoil solids or fill of any kmd shall occur m wetlands waters or riparian areas beyond the footprmt of the�mpacts depicted m the 404/401Permrt Application All construction activities mcludmg the design u�stallat�on operation and mamtenance 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 Certificate of Completion Upon completion of all work approved wrthm the 401 Water Quality Certification or applicable Buffer Rules and any subsequent mod�fications the appl�cant is requ�red to return the attached Certificate of Completion to the 401/Wetlands Unrt North Carolma Drv�sion of Water Quahty 1650 Mail Service Center Rale�gh NC 27699 1650 Violations of any condrtion herem set forth may result m revocation of this Certification and may result m crimmal and/or civil penalties The author�zation to proceed wrth your proposed unpacts or to conduct unpacts to waters as depicted m your apphcation and as authorized by th�s Certification shall exp�re upon expirarion of the 404 or CAMA Permrt If you do not accept any of the conditions of this Certification(associated wrth the approved wetland or stream impacts) you may ask for an ad�udicatory hearing You must act wrthm 60 days of the date that you receive this letter To ask for a hearmg send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Admmistrative Hearmgs 6714 Mail Service Center Raleigh N C 27699 6714 This certification and�ts condit�ons are final and buidmg unless you ask for a hearmg Th�s letter completes the review of the Div�sion of Water Quality under Section 401 of the Clean Water Act If you have any questions please telephone Ian McMillan m the Central Office m Raleigh at 919 807 6301 or Chad Coburn m the DWQ Wilmmgton Regional Office at 910 796 7215 Smcerely � �� o H Sullms Du-ector Drvision of Water Quahty Enclosures GC 3642 Certificate of Completion '`� ,,� i� a�-��,C��' > cc Michael Norton—Com ass Pomt Inc 5041 Main Street S�tute 3 Shalio�AT'C 2847� Doug Huggett—DCM Morehead City �`�t� ff'`1, � �� ? ��"��, Debbie Wilson—DCM W�lmmgton Y � ,� � � � � � ��"`' Dave Timpy—USACE Wilmmgton Field Office M}��.�E��''��`�" �� (' ea_ ati � Ian McMillan—Wetlands Buffers and Stormwater CompLance and Permit��ng�llnx��.� WiRO ��``�� ; �� r � t Cert�f�cat�on of Complet�on DWQ Pro�ect No County Applicant Pro�ect Name Date of Issuance of Wetland Permit Cerhf cate of Completnon Upon complet�on of all work approved wrthm the 401 Water Qual�ty Cert�fication and �uffer Rules, and any subsequent modificahons the applicant is requ�red to return this certificate to the 401 OversightJExpress Pertmtting Unrt North Carolma Division of Water Quahty 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the pro�ect engmeer It is not necessary to send certificates from all of these Applicant's C'ertaficataon I hereby state that to the best of my abilrties due care and diligence was used m the observation of the construction such that the construction was observed to be built wrthin substantial compliance and mtent of the 401 Water Qual�ty Cert�ficat�on and Buffer Rules the approved plans and specifications and other supportmg materials Signature Date �lgent's Certaficahon I hereby state that to the best af my abilrties due care and dil�gence was used m the observation of the construction such that the construction was observed to be built wrthin substantial compliance and mtent of the 401 Water Qual�ty Certification and $y�fer Rules,t�'t�approved plans and specifications and other supportmg materials ` Signature Date � � If thas profect was designed by a Certified Professaonal I as a duly registered Professional (�'e Engmeer Landscape Architect Surveyor etc) m the State of North Cazolma havmg been authorized to observe (periodically weekly full time)the construction of the pro�ect for the Permittee hereby state that to the best of my abilrties due care and dingence was used m the observation of the construction such that the construction was observed to be built wrthm substantial compliance and mtent of the 401 Water Quality Cert�fication and Buffer Rules, the approved plans and specifications and other supportmg materials Signature Registration No Date WQC #3642 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENTI OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS 198000291.198000048, 198700056.197800080.197800125.and 198200277 AND NATIONWIDE PERMR NUMBERS 3. 12, 14, 18.2T.29.33,35.39,and 43.WHEN APPLIED TO CAMA PERMITS.AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES) This Generat Cert�fication is issued in conformity with requirement of Section 401 Public Laws 92 500 and 95 217 of the United States and sub�ect to the North Carolma Division of Water Quality Regulations in 15 NCAC 2H Section 0500 and 15 NCAC 2B 0200 for the discharge of fill matenal as described in General Permit 198000291 and for the Riparian Area Prote�tion Rules (Buffer Rules)in 15A NCAC 2B 0200 This Certi�cation replaces Water Quality Cefification Number 3025 issued on September 6 1995 Water Quality Certification Number 3112 issued on February 11 1997 Water Quality Certification Number 3274 issued June 1 2000 and Water Quality Certification Number 3371 issued March 18 2002 and WQC Number 3400 issued March 18 2002 This WQC is rescinded when the Corps of Engmeers re authorizes any of these Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ The State of North Carolma certifies that the specified category of activity wdl not violate applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217 if conducted in accordance with conditions hereinafter set forth Conditions of Certification 1 Activities authorized by CAMA ma�or permits reqwre written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification 2 Activities authonzed by Coastal Area Management Act(CAMA)Minor or General Permits do not reqwre written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification 3 In accordance with North Carolma General Statute Section 143 215 3D(e) any request for written concurrence for�401 Water Quality Certification must mclude the appropnate fee If a pro�ect alsorre�{�ii�s a CAMA Permit one payment to both agencies shall be subm d and wf{i �ft�higher of the two fees The fee shall be coAected and d�stribu�e�n the��age�i�'ie�'�s m accordance w�th agreements reached between the DivlsiQn�q��1�l��r Quahty�and t�,M �iv�sion of Coastal Management ��r, � �� ki � �yA ,��, � ��,�� 4 In accordance with 15A NCAC 2H 0506(h�c�r� ltsatory mitigation may be required for impacts to 150 linear feet or more of�� or one acre or more of wetiands in addition buffer mitigation may be requ��,� �i ect with Buffer Rules in effect at the time of application for buffer impacts��I�g from activities ciassified as allowable with mitigation withm the Table of Uses section of the Buffer Rules or require a vanance under the Buffer Rules A determination of buffer wetland and stream mitigation requirements shall be made for any Certi�cation for this Nationwide Permit The most current design and morntoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as reqwred m those protocols When compensatory mitigation is required for a pro�ect the mitigation plans must be approved by DWQ in wnting before the impacts approved by the Certification occur The m�tigation plan must be implemented and/or constructed before any permanent bwldmg or structure on site is occup�ed In the case of public 1 WQC #3642 road pro�ects the mitigation plan must be implemented before the road is opened to the travelling public 5 Compensatory stream mitigation shali be required at a 1 1 ratio for not only perenrnal but atso mtermittent stream impacts that reqwre application to DWQ in watersheds classified as ORW H�W Tr WS I and WS II unless the pro�ect is a Imear publicly- funded transportation pro�ect which has a 150 foot per stream impact allowance 6 Impacts to any stream length m the Neuse and Tar Pamlico River Basins (or any other ma�or river bas�ns with Riparian Area Protection Rules [Buffer Rules] m effect at the time of application)requires written concunence from DWQ m accordance with 15A NCAC 26 0200 New development activities located m the protected 50 foot wide riparian areas(whether�urisdictivnal wetlands or not)within the Neuse and Tar Pamlico Rrver Basms shall be limited to uses identified withm and constn.�cted in accordance with 15A NCAC 26 0200 All new development shall be located designed constructed and mamtained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices Activities listed as exempt from these rules do not need to apply for written concurrence under this Certification 7 Aii sediment and erosion control measures placed �n wetlands or waters shall be removed and the origmal grade restored after the Dwision of Land Resources has released the pro�ect 8 If an environmental document is required this Certification is not valid untd a Fmding of No Significant Impact(FONSI)or Record of Decision (ROD)is issued by the State Cleannghouse 9 That appropriate sediment and erosion control practices which equal or exceed those outlmed m the most recent version of the North Carolina Sediment and Erosion Control Planrnng and Design Manual or the North Carolina Surface Mirnng Manual whichever is more appropriate(available from the Division of Land Resources(DLR) m the DENR Reg�onal or Central Offices)shall be m full compliance with all specifications governing the proper design instailation and operat�on and mamtenance of such Best Management Practices m order to assure compliance with the appropriate turbid�ty water quality standard 10 Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state untd the concrete has hardened 11 Additionai site specific conditions may be added to proJects which have applied for CAMA ma�or permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards 12 When wntten concurrence is required the applicant is reqwred to use the most �ecent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been compteted 13 Concurrence from DWQ that this Ce�tification applies to an individual pro�ect shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291 whichever is sooner Non compliance with or violation of the conditions herein set forth by a specific fill pro�ect shall result in revocation of this Certification for the pro�ect and may result in criminal and/or civd penalt�es 2 � WQC #3642 � The Director of the North Carolina Division of Water Quality may require submission of a formal application for mdividual certification for any pro�ect m this category of activity that reqwres written concurrence under this certification if it is determined that the pro�ect is likely to have a sigrnficant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded Public hear�ngs may be held for specific applications or group of applications prior to a Certification decision if deemed in the public s best mterest by the Director of the North Carolina Division of Water Quality Effective date 19 March 2007 DIVISION OF WATER�UALITY By �� , Alan W Klimek Director WQC#3642 3