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Home My WebLink About20120210 Ver 1_Approval Letter_20120316HCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary NOTMarch �HS � 16 2012 A T DWQ Project # 2012 0211, Carteret County CAMA PE-HT Conscience Bay LLC Attn Steven Tulevech and Charles Tulevech 232 W Beaufort Road Beaufort NC 28516 Subject Property Town Creek Marina, Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs Tulevech and Tulevech You have our approval in accordance with the attached conditions and those listed below to reconfigure and existing 88 slip marina to a 79 slip marina add a boardwalk reconfigure finger piers platforms and docks add tie pilings and boatlifts add a mobile pump out station fuel dispensing equipment replace existing bulkhead maintenance dredge and reconfigure the travel lift well as described in your CAMA application dated February 21 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on February 24 2012 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 LAMA Permit The DWQ is aware of the issue with the USACE and the encroachment of the marina into the federal channel If the proposed reconfiguration changes due to the agreement reached by the applicant and the USACE the 401 Certification may need to be modified to be consistent with the 404 permit Please contact Joanne Steenhuis at the Wilmington Regional Office at the number listed below if the project changes 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 1601 Mall Service Center Raleigh North Carolina 276991601 Phone 919 707 -8600 \ Internet www ncdenr gov An Equal Opportunity \ Affirmative Action Employer 50/ Recycled \ 10/ Post Consumer Paper NorthCarollna )WA(rally S Conscience Bay LLC Attn Steven Tulevech and Charles Tulevech DWQ Project # 2012 0210 March 16 2012 Page 2 of 4 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 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 Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries NC Wildlife Resources US Fish and Wildlife and National Marine Fisheries If such activities should take place during periods of high biological activity (e g bird or sea turtle nesting) biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities 5 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 6 All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocarbon or chemical spill the permrtee /contractor shall immediately contact the Division of Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at 910 796 7215 Amount Approved Units Plan Location or Reference Open Waters (dredged) 128 729 sq ft 2 956 ac Sheet 4 of 4 dredging Plan( portion of plan attached Coastal wetlands N/A 404/401 wetlands 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 Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries NC Wildlife Resources US Fish and Wildlife and National Marine Fisheries If such activities should take place during periods of high biological activity (e g bird or sea turtle nesting) biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities 5 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 6 All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocarbon or chemical spill the permrtee /contractor shall immediately contact the Division of Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at 910 796 7215 Conscience Bay LLC Attn Steven Tulevech and Charles Tulevech DWQ Project # 2012 0210 March 16 2012 Page 3 of 4 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG National Response center at 1 800 424 8802 Continuing Compliance 9 Conscience Bay LLC and their authorized agents and/or contractors 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 Conscience Bay 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 Conscience Bay 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 10 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 Conscience Bay LLC Attn Steven Tulevech and Charles Tulevech DWQ Project # 2012 0210 March 16 2012 Page 4 of 4 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 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 7306 Sincerely -� Cha es akild P E Director Divisi f Water Quality Attachment Enclosures GC 3642 Certificate of Completion cc David Timpy USACE Wilmington Regulatory Field Office Kathy Vinson — Coastal Planning Services Inc Ian McMillan DWQ 401 Unit Doug Huggett DCM Morehead City Heather Styron DCM Morehead City W1RO Y 0 U') 0 0 ° LO V) V) U) jaQ 3�Z j } (9 l ° 0 v 0 � ° O + LO � Q ~ V V) o� tt sy}daa �7 �t 19uuog0 V dilS t MIN 11 0L JOI IlLull buibpaaa pasodo.id }3 ,sodoad 06 (61) gldaQ 6,111six3 (dAj) Jaa 6uilsIX3 (�uauayoo��y jaagspoaadS aaS) (dAi) lagoj oaay buibpa.ia 0- kit (dAl) sWaoADld V saaid pasodoad "li of = uOUT t (amuHI) oa or oz a'IV OS DIHdVZID 110 = ujdaa MAN IQUI� pasodo.ld aouapinO juabv WOG— �JN303N aad Abolopog4aW uoijDjnoloO 0 = MAN Ol 3AUVd 3�1 SHld3a ONUSIX3 uald ul paaG Mini i mac t-JIQW a 14=IM N Depth P) 10 Existing Depth Proposed (typ) Dredging Limit for 10 ft NLW 10 Slip & Channel Depths Grid Size 50ft x 50ft I ami, see -@1 0 ISM 161 1% 11 MIN k- s._,� _(� r I I 5r I P� & jl Existing II Ent Depth AMKT L — — — _ — — JI PARMNO (typ) L.l" _ - - - --- ----- - - - - -- — - - - - -- ---- - - --25 Proposed Dredging Limit for 10ft Proposed NLW Slip & Channel Depths Depth,, 2 Existing —` Depth (typ) , EDGE OF W TER N V) b D D D D V) D D D D 0 0 0 0 0 0 0 0 0