HomeMy WebLinkAbout20120846 Ver 1_Approval Letter_20121008Subject Property: 405 Bradley Creek Point Road - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Caviness:
You have our approval, in accordance with the attached conditions to dredge an existing basin and channel and
to expand an existing private docking facility as described in your application received by the N.C. Division of
Water Quality (DWQ) on September 10, 2012. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3900 (GC 3900).
This Certification can also be found on line at: http: / /portal.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits.
This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the
U.S. Army Corps of Engineers and the CAMA 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 CAMA
Permit.
This approval is for the purpose and design that you described in your application. 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. 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 CAMA Major 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.
"
w;a 4t, , ra
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617 C , ' P � a � �z : I " �` k c -" �P,
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -6300 4 FAX 919-807 -6492 \ Customer Service 1 -877- 623 -6748 `
Internet www ncwaterguality org r
An Equal Opportunity Affirmative Action Employer,._:F MVO F'
� "`
A*A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Charles Wakild, P E Dee Freeman
Governor
Director Secretary
October 8, 2012
New Hanover County
DWQ Project #: 12 -0846
Bradley Creek Point Investments, LLC
c/o Watson Caviness
639 Executive Place, Suite 400
Fayetteville NC 28305
Subject Property: 405 Bradley Creek Point Road - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Caviness:
You have our approval, in accordance with the attached conditions to dredge an existing basin and channel and
to expand an existing private docking facility as described in your application received by the N.C. Division of
Water Quality (DWQ) on September 10, 2012. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3900 (GC 3900).
This Certification can also be found on line at: http: / /portal.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits.
This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the
U.S. Army Corps of Engineers and the CAMA 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 CAMA
Permit.
This approval is for the purpose and design that you described in your application. 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. 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 CAMA Major 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.
"
w;a 4t, , ra
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617 C , ' P � a � �z : I " �` k c -" �P,
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 -807 -6300 4 FAX 919-807 -6492 \ Customer Service 1 -877- 623 -6748 `
Internet www ncwaterguality org r
An Equal Opportunity Affirmative Action Employer,._:F MVO F'
� "`
2
405 Bradley Creek Point Road
2012 -0846
New Hanover County
2. No Impacts Beyond Those Approved
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 404/401 Permit 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. 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 40] /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 do not accept any of the conditions of this Certification
(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. 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 -6301 or Chad Coburn in the DWQ
Wilmington Regional Office at 910 - 796 -7215.
Sincerely,
h les Wakild, P.E., Director
Division of Water Quality
Enclosures: GC 3900
Certificate of Completion
cc: Steve Morrison — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC
28403
Doug Huggett — DCM Morehead City
Debra Wilson — DCM Wilmington
Dave Timpy — USACE Wilmington Field Office
Ian McMillan — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
Fi F 6k '
.�.yyv� s
Ns V'u v