20011519 Ver 2_Approval Letter_20120210

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AM := A �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
February 10, 2012
DWQ Project # 01 -1519 V2
Dare County
Colington Harbour Homeowners Assoc.
1000 Colington Drive
Kill Devil Hills, NC 27948
Subject Property: Colington Harbour S/D & Marina
Albemarle Sound [PAS56 30; SB]
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Colington Harbour HOA:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.03 acres of open waters from fill (jetties),
0.23 acres of shallow water bottom from fill (bulkheads & rip -rap) and disturb 0.80 acres
of waters from dredging (channel and harbor) for the purpose of maintaining deep
water access, improving shoreline stabilization, improving maneuverability at fuel dock,
beach nourishment and discharge return water at the subject property, as described
within your CAMA Major application dated April 4, 2011 and received by the N.C.
Division of Water Quality (DWQ) on July 18, 2011 with additional information received on
September 2, 2011, December 12, 2011 and January 13, 2012. The impacts described in
your application are covered by General Water Quality Certification Number(s) 3641
(GC3641). This Certification (s) is issued in conjunction with the CAMA Major Permit and
General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. 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 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarohna
Aahmally

Page 2 of 5
This approval is for the purpose and design that you described in your application.
Approved plans and specifications for this project are incorporated by reference and
are enforceable parts 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 below.
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:
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Erosion & Sediment Control Practices
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
Amount Approved (Units)
Plan Location or
Reference
Stream
feet
404 /CAMA
(acres)
Wetlands
Waters
0.03 (acres) Open Waters
December 12, 2011 and
0.23 (acres) Shallow Bottom
January 13, 2012 Plats
0.80 (acres) Dredging
Buffers
square ft.
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Erosion & Sediment Control Practices
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

Page 3 of 5
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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery
Areas (PNAs), Trout (Tr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding
Resource (ORW) waters, then the sediment and erosion control requirements
contained within Design Standards in Sensitive Watersheds (15A NCAC 04B
.0124) supercede all other sediment and erosion control requirements.
4. 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 Pre - Construction
Notification and authorized by this written approval, including incidental impacts.
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval by DWQ. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures shall not be conducted in a manner that may
result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
6. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH
and possible aquatic life /fish kills.
7. Moratoriums
Please contact the NC Division of Marine Fisheries (DMF) for dredging moratorium
dates. No dredging will be allowed during these dates unless approved by DMF

Page 4 of 5
8. Turbidity Standard
The turbidity standard of 50 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.
9. Mechanized Equipment O &M
All mechanized equipment operated near surface waters must be regularly
inspected and maintained to prevent contamination of waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
10. "Re- Opener" Clause
The applicant /permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with §303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal Law. If the Division determines that
such standards or laws are not being met, including 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, then the Division may reevaluate
and modify this General Water Quality Certification.
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 Oversight /Express Review
Permitting 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:OOam and
5:OOpm, except for official state holidays. The original and one (1) copy of the petition

Page 5 of 5
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: (919)- 733 -2698, 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 15A NCAC 02H..0500. If you have any questions, please telephone
Amy Adams of the Washington Regional Office at 252 - 948 -3917 or Ian McMillan of the
401 WEBSCAPE Unit at 919 -715 -4631.
Sincerely,
For Char e&waki,
( —
Enclosures: Certificate of Completion
GC 3641
cc: Josh Pelletier, Corps of Engineers Washington Field Office
DWQ 401 WEBSCAPE Unit
DCM, Doug Huggett, Morehead Office
DCM, Frank Jennings, District Manager, E.City District Office
DLR, Pat McClain, Washington Regional Office
File copy
George Wood, Env. Professionals PO Box 3368 Kill Devil Hills NC 27948
Filename: O1- 1519V2_Colington_3641_App /aa

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AS, - a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 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 project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
Registration No.
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St floor 9 Raleigh North Carolina 27603 one
Phone: [phone] FAX: [phone] Nor. th Carol i n a
Internet: www.ncwaterquality.org ����y�� 1 //�
An Equal Opportunity 1 Affirmative Action Employer 1

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