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Home My WebLink About20110918 Ver 1_Approval Letter_20111104ky�.KWA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Wafer Quality Cleen H. Sullins Director Dee Freeman Secretary November 4, 2011 DWQ Project # 2011 4918 Carteret County Osprey Oaks Marina w4h NOT Attn: Milon Morton T il%J 3197 Highway 24 IT ENV& Newport, NC 28570 Fa, % AMA PERM Subject Property: Osprey Oaks Marina, Newport Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Morton: You have our approval, in accordance with the attached conditions and those listed below to conduct new excavation at the location of your existing marina using the bucket to barge method, as described in your CAI IA application dated ct ber 12, 2011 and received by the Divis'ion'of Water Quality DWQ in the Wilmington Regional Office Wi on October 14, 2011. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3 642 GC 3 642). This Certification allows your to use the 404 permit when issued by the US Army Corps of Engineers and the. LAMA Major Permit when issued by the Division of Coastal Managcmen . 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 (hut not limited to Erosion and Sediment Control, Ion -di charge, and storm Ater regulations, Also, this approval to proceed with your proposed impacts or to conduc impacts o waters a depicted in your application -shall expire upon expiration of the 404 or CAM Permit, 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 r , j ect (now or in the future) exceed .one acre of wetland or 150 linear feet of stream, compensatory mitigation may be re '.aired as described in 15A NCAC 2 .0506 (b). 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 im aot : Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, 840 � NorthCarohna Phone: 910-796-7215 1 FAX: 10- 350 -2004 Internet: www=waterquality. r ;Vat iiii! An Equal Opportu nity/Af firma tive Action Employer Custorner Service 1- 877 - 623 -6148 Recycled /lo Post Consumer Paper Wage Two Osprey Oaks Marina Attn: Milon Morton WQ Project# 110918 November 4, 2011 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, graters, 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 NTTUs Nephelometric Turbiditypn.its shall not be exceeded as described. in. 15 A NCAC 2B. .02 . 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 y . issues arise at 910.796.7215 4. Dredging shall not cause Shellfish Closures The effluent water from' the dredge spoil shall not be allowed if at . . all practicable) to drain to n. shellfish waters as this will cause a temporary closure. If you have concerns with this, please contact NC Shellfish Sanitation and Recreational Water Quality' Section at 252.808. 149. 5. Construction Moratoriums and Coordination All moratoriums on construction activities established by the NC Wildlife Resources Comm' ission (WRQ, US Fish and Wildlife Service SFWS , NC Division of Marine Fisheries DMF , or National Marine Fisheries Service NI FS to lessen impacts on trout, an dromous fish, larval/post-larval. fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this require written concurrence from the applicable individual agency acrd. notification to the Division of Water Quality. 6. No Impacts Beyond those in Application 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. 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. 7. This General Certification shall expire on the same day as the expiration date of'the corresponding Nationwide Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. .Amount Approved Units Plan Location or Deference Open Waters /Shallow Bottom (dredged) 0.29 acres (27,375 ft Drawing attached Shallow' Bottom TA Coastal wetlands NA 404/401 wetlands A 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, graters, 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 NTTUs Nephelometric Turbiditypn.its shall not be exceeded as described. in. 15 A NCAC 2B. .02 . 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 y . issues arise at 910.796.7215 4. Dredging shall not cause Shellfish Closures The effluent water from' the dredge spoil shall not be allowed if at . . all practicable) to drain to n. shellfish waters as this will cause a temporary closure. If you have concerns with this, please contact NC Shellfish Sanitation and Recreational Water Quality' Section at 252.808. 149. 5. Construction Moratoriums and Coordination All moratoriums on construction activities established by the NC Wildlife Resources Comm' ission (WRQ, US Fish and Wildlife Service SFWS , NC Division of Marine Fisheries DMF , or National Marine Fisheries Service NI FS to lessen impacts on trout, an dromous fish, larval/post-larval. fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this require written concurrence from the applicable individual agency acrd. notification to the Division of Water Quality. 6. No Impacts Beyond those in Application 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. 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. 7. This General Certification shall expire on the same day as the expiration date of'the corresponding Nationwide Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Page Three . Osprey Oaks Marina Attn : Milon Morton WQ Prof ect # 11 091 November 4,, 2011 The appli ant permitee 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) the Clean. Water Act), and any other appropriate requirements of State and Federal law, If the Division ision 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, than the Division ision mar reevaluate and modify this General Water Quality Certification. 9. Certificate of Completion Upon completion of all work approved within the 401 'mater Quality Certification or applicable Buffer Rules,,, and any subsequent ification , the applicant is required to return the attached certificate of completion to the 40 1 /Wetlands Unit, Forth 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 graters 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 most 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 he Bled 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 ,1 dministrati e Hearings within fire 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 27.699-6714 Telephone: (919) - 733 -2698, Facsimile: (919) - 733 -3478 A copy of the petition most also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, IBC 27699-1601 This certification and its conditions are final and binding unless you ask for a hearing. k Page Four Osprey Oaks Marina Attu: l lilon Morton WQ Project # 110918 November {4, 2011 This letter completes the-review of the Division of Water Quality er 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 Steenh is in the DWQ Wilmington Regional Office at 910.79.6.72'15. Sincerely, _Je� Co n . Sullins, Director Iri b of'ter Quality Attachment Enclosures: GC 3642 Certificate of Completion cc: David Ti ' , USAGE Wilmington Regulatory Field Office Ian McMillan - DWQ 401 Unit Doug Haggett - ICM Morehead City Heather Styron - DCM Morehead ' WiRO _ rri + . Z :'• ' Ors - Sb � x • r cb (b CIS Cb lzt Ato —M IF II - Q `• 'k, cb C h' Q cb cp +. —N Cb x* Cb _ cb. b ex tr o -, b CL 4 *" Y ■ • 4 za Q —h (b U Cb 4m (b-. - z'-',f -� . cb 9. c1 Cb n - QL R (b f A 'J 111777[[[ 40 ++ + ,* o, Cib Cb � � F � F � i •�j 1 6 GK 11) " - ' dye :0 1 QZ . ".yk• - •s b Y V4 s { Q 0. t T f i r r� 1 Me IL IL N 41 1 \ Id 1 1 � 1 ~ r i %1 iii x r � o * + —' r- . Y r4 i w'i