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Home My WebLink About20031240 Ver 4_Approval Letter_20111123 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sull�ns Dee Freeman Governor Director Secretary November 23 2011 DWQ Pro�ect# 2003 1240 V4 Carteret County State of North Carohna State Property Office Attn Chns Ivers 1321 Ma�l Serv�ce Center Raleigh NC 27699 1321 Sub�ect Property Pme Knoll Shores Aquanum,Pine Knoll Shores Approval of 401 Water Quality Cerhfication w�th Additional Condihons Dear Mr Ivers This Certification modifies the previous Certifications issued on August 6 2004 and October 1 2007 You have our approval m accordance wrth the attached cond�tions and those listed below to fill a total of 0 259 acres(an addrtion of 0 029 acres)of wetlands as described m your previous CAMA application dated October 8 2003 mod�fication request dated August 17 2007 from the Div�s�on of Coastal management and most recently the Pre Construction Notificahon(PCN)dated November 16 2011 and received by the Division of Water Quahty (DWQ) m the Wilmmgton Regional Office(WiRO)on November 22 2011 After reviewmg your application we have decided that the impacts are covered by General Water Quality Certification Number 3642(GC 3642) Th�s Certification allows you to use the 404 permrt when issued by the US Army Corps of Engmeers and the CAMA Ma�or Permrt when issued by the Drvision of Coastal Management In addition you should obtam or otherwise comply w�th any other required federal state or local permrts before you go ahead wrth your pro�ect mcludmg(but not limrted to)Eros�on 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 appl�cation shall exp�re upon expiration of the 404 or CAMA Perm�t This approval is for the purpose and design that you described m your application The approved plans and specifications for this pro�ect are mcorporated by reference and are an enforceable part of the permit If you change your pro�ect you must notify us and you may be required to send us a new applicatton If the properiy is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complymg wrth all conditions If total fills for this pro�ect(now or m the future)exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be requ�red as described m 15A NCAC 2H 0506(h) This approval requires you to follow the conditions hsted m the attached certification and any additional conditions listed on the followmg pages The Add�t�onal Condit�ons of the Certificat�on are 1 Impacts Approved Wilmmgton Regional Office 127 Cordinal Dnve Extension Wdmington NC 28405 No ehCarolina Phone 910 796 7215/FAX 910 350 2004 �atura!! Internet www ncwaterquality org t/ ✓ An Equal Opportunity/Affirmative Action Employer Customer Service 1 877 623 6748 � 50% Recycled/10% Post Consumer Paper Page Two State of North Carohna State Property Office Attn Chris Ivers DWQ Pro�ect#03 1244�4 November 23 2011 The followmg impacts are hereby approved as long as all of the other specific and general conditions of th�s Certification(or Isolated Wetland Perm�t)are met No other impacts are approved mcluding mcidental impacts Amount Approved Plan Location or Reference Umts O en Waters N/A Shallow Bottom N/A Coastal wetlands N/A 404/401 wetlands See#3 Impact Table of Previously Previously permitted 0 23 acres Permitted and Completed Activrties Addrtional impacts 0 029 acres (attached) Total cumulatrve wetlands�m acted 0 259 acres 2 No Waste Spoil Sol�ds or Fill of Any Kmd No waste spoil solids or fill of any kmd shall occur m wetlands waters or riparian areas beyond the footprmt of the impacts depicted m the application All construction activities mcludmg the design mstallat�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 3 Turb�drty Standard The turb�drty standard of 25 NTUs(Nephelometr�c Turbidity Unrts)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 Turbidrty curtams s hall be used as appropriate Please not�fy this Office�f any turbidity issues anse at 910 796 7215 4 Construction Moratoriums and Coordmation All moratoriums on construct�on activrties established by the NC Wildhfe Resources Commission (WRC) US Fish and Wildlife Serv�ce(USFWS) NC Division of Marme Fisheries(DMF) or National Marme Fisheries Service(NMFS)to lessen impacts on trout anadromous fish larvaUpost larval fishes and crustaceans or other aquatic species of concern shall be implemented Exceptions to this require written concurrence from the applicable mdividual agency and notification to the Div�sion of Water Qualrty 5 No Impacts Beyond those m Applicat�on No waste spoil solids or fill of any kmd shall occur m wetlands waters or riparian areas beyond the footprmt of the impacts depicted m the Pre construction Notification All construction activities mcludmg the design mstallation operat�on and mamtenance of sediment and erosion control Best management Pract�ces shall be performed so that no violations of state water qualrty standards statutes or rules occur 6 This General Certification shall expire on the same day as the exp�ration date of the correspondmg Nationwide Permrt The condrtions m effect on the date of issuance of the Certification for a specific proJect shall remam�n effect for the life of the pro�ect regardless of the expiration of this Certification Page Three State of North Carolma State Property Office Attn Chris Ivers DWQ Pro�ect#03 1240 V4 November 23 2011 7 The applicandpermrtee and their author�zed agents shall conduct all activities m a manner consistent with State water qualrty standards(mcluding any requirements resultmg from compliance wrth 303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal law If the Division determmes that such standards or laws are not bemg met mcludmg failure to sustam a designated or achieved use or that State or Federal law is bemg violated or that further condrtions are necessary to assure compl�ance than the Drvision may reevaluate and modify this General Water Quahty Cert�fication 8 Certificate of Completion Upon completion of all work approved withm the 401 Water Qualriy Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return the attached certificate of completion to the 401/Wetlands Unrt North Carolma Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Violations of any cond�tion herein set forth may result m revocat�on of th�s Certificat�on and may result an cr�minal and/or crvil penalt�es The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted m your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit If you wish to contest any condrtions m the enclosed certification(associated with the approved wetland or waters impacts)you must file a petition for an admmistrative hearmg You may obtam the pet�tion form from the office of Admmistrative hearmgs You must file the petrt�on wrth the office of Admmistrative Hearmgs wrthm thu-ty (30)days of receipt of this notice A petrtion is considered filed when it is rece�ved in the office of Admmistrahve Hearmgs durmg normal office hours The Office of Adm�mstrative Heazmgs accepts filmgs Monday through Friday between the hours of 8 00 am and 5 00 pm except for official state holidays The origmal and one(1)copy of the petrtion must be filed wrth the Office of Admmistrative Hearmgs The petition may be faxed provided the or�gmal and one copy of the document is received by the Office of Admmistrative Hearings within five(5)busmess days following the faaced transmission The mailmg address for the Office of Administrative Heanngs is Office of Admmistrative Hearmgs 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petrtion 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 Th�s cerhfication and its cond�tions are final and bmding ualess you ask for a hear�ng Page Four State of North Carohna State Property Office Attn Chr�s Ivers DWQ Pro�ect#03 1240 V4 November 23 2011 This letter completes the review of the Division of Water Qualrty under Section 401 of the Clean Water Act If you have any quest�ons please telephone Ian McMillan m the Central Office m Rale�gh at 919 807 6364 or Joanne Steenhuis m the DWQ Wilmmgton Regional Office at 910 796 7215 Sincerely � C^� "Z _ �-=�c,'� /��-LColeen H Sulhns Director �, Division of Water Quahty Attachment Enclosures GC 3642 Certificate of Completion cc Allen Monroe Director—Pme Knoll Shores Aquarium Zak P�erce—CLH Design PA David Timpy USACE Wilmmgton Regulatory Field Office Ian McMillan DWQ 401 Unrt Doug Huggett DCM Morehead City WiRO 1 Permittee Information A Name Pine Knoll Shores Aquarium (Contact Chris Ivers) B Pro�ect Address 1 Roosevelt Boulevard Pine Knoll Shores NC 28512 C Phone 919 877 5500 2 Aqent Information A Name CLH Des�gn p a (Contact Zak Pierce) B Address 400 Regency Forest Drive Ste 120 Cary NC 27518 C Phone 919 319 6716 D Agent Authorization Letter See Appendix B 3 Imaact Table of Previouslv Permitted and Comqleted Activit�es A See Table Below Keys are indicated on the Site Plan in Appendix H Site Plan Ke Activi Authorization Size of Im act SF � Fill Origmal Authorization 8 012 SF 1 15 2004 2 Fili Modification #1 856 SF 9 2 2004 3 Fill Deviation from 900 SF Work lan 7 22 2004 4 Fill Original Authorization 68 SF 1 15 2004 5 Partial Fill Original Authorization 200 SF 1 15 2004 6 Fill Original Authorization 969 SF 1 15 2004 See Reef Balls Modification #2 300 SF Appendix G (10 17 2007) TOTAL WETLAND 11 005 SF IMPACTS TOTAL SHALLOW BOTTOM HABITAT 300 SF IMPACTS 4 Imqact Table of Previouslv Permitted Not Constructed But Still Needed as well as anv future impacts/actwities A Not Applicable All of the previously permitted impacts and activities have been constructed 5 Site Plan Locatinq Each Imuact/Authorized Work A See Attached Site Plans in Appendix G and H