20121110 Ver 1_Approval Letter_20130125

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 25, 2013
DWQ Project # 12 -1110
Craven County
Duck Creek Small Harbor, LLC
Mr. Charles Benton NOT A CAMA PERMIT
Post Office Box 40
Bridgeton, NC 28519
Subject Property: Duck Creek Marina, Bridgeton
Neuse river Basin, Duck Creek [ NEU 10, 27 -103; NSW, SC, Sw]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Benton:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 2.1 acres of waters from dredge and 0.55 acres of waters from fill for the
purpose of channel maintenance dredging at the subject property, as described within your CAMA Major
application dated November 11, 2012 and received by the N.C. Division of Water Quality (DWQ) on
December 6, 2012. The impacts described in your application are covered by General Water Quality
Certification Number(s) 3900 (GC3900). 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.
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.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Duck Creek Small Harbor, LLC
Mr. Charles Benton
Page 2 of 3
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) 3900.
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 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. Work Moratorium
The Permittee shall adhere to all appropriate in -water work moratoriums prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries
Service.
5. Dredge material is to be placed in old borrow pit as described in your application. It is recommended
that water in barrow pit be pumped down a sufficient level to allow turbidity to settle out of dredge
materials. During dredging operations discharge turbidity into receiving waters must not exceeds 25
NTU's above back ground levels.
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 water
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,
Amount Approved Units
Plan Location or Reference
Stream
(feet)
404/ W t a
.,
res
a 'y'I `
'
1 (%,k ) Dredging
0.55 (acres) Fill
Plan Sheets 1 of 2, 2 of 2
Buffers
(square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
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 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. Work Moratorium
The Permittee shall adhere to all appropriate in -water work moratoriums prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries
Service.
5. Dredge material is to be placed in old borrow pit as described in your application. It is recommended
that water in barrow pit be pumped down a sufficient level to allow turbidity to settle out of dredge
materials. During dredging operations discharge turbidity into receiving waters must not exceeds 25
NTU's above back ground levels.
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 water
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,

Duck Creek Small Harbor, LLC
Mr. Charles Benton
Page 3 of 3
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 as described within 15A NCAC 2H .0500. If you have any questions, please telephone Roberto
Scheller of the Washington Regional Office at 252- 948 -3940 or Karen Higgins of the Wetlands, Buffers,
Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6360.
Sincerely,
Y ahwa--
For Charles akild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Tracey Wheeler, Corps of Engineers, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Brad Connell
DEMLR, WaRO
File copy