20140195 Ver 1_Approval Letter_20140314

AjA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 14, 2014
New Hanover County
DWR Project #: 14 -0195
SEL Property Investors, LLC
Mr. D. Logan
60 Gregory Road, Suite 1
Belville, NC 28451
Subject Property: Emmart's Landing Community Marina
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Logan:
You have our approval, in accordance with the attached conditions and those listed below, to
perform maintenance dredging of approximately 1.69 acres of open waters, excavate
approximately 2.81 acres (122,210 square feet) of uplands, impact approximately 0.039 acres
(1,684 square feet) of open water RPW, and impact approximately 0.041 acres (1,788 square
feet) of coastal wetlands in order to develop a new residential subdivision and a marina as
described within your application dated February 27, 2014. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number 3900
(GC 3900).
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 Certification can
also be found on line at: http://portal.licdeiir.orWweb/wg/swp/ws/401/certsandperm its.
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- additiolEnal�conditions- listed below.
Wetlands; Buffers, Stormwater— Compliance and Permitting (Webscape) Unit:
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1�TOrie 1,
Location: 512 N. Salisbury St. Raleigh North Carolina 27604 ,,;__. l� Ort11;arolina
Internet: www.ncwaterquality.org
Phone. 919 - 807 -6300 l FAX: [phone] Customer Service- 1- 877 -623 -6748 '`
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2
Emmart's Landing Community Marina
New Hanover County
2014 -0195
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:
Impact Type
Amount Approved nits
Plan Location or Reference
Open Waters (Fill)
0.039 acres (1,684 Square Feet)
CAMA Major Application
Open Waters (Maintenance
Dredging)
1.69 acres (73,500 Square Feet)
CAMA Major Application
Plan Figure 7 of 26
Coastal Wetlands (Dredging)
0.041 acres (1,788 Square Feet)
CAMA Major Application
Uplands (Excavation for New
Basin and Access Channel)
2.81 acres (122,210 Square
Feet)
CAMA Major Application
Plan Figure 7 of 26
2. Standard Erosion and 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:
a. 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. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 'violation's ;ofstate water quality
standards, statutes, or rules occur.

3
Emmart's Landing Community Marina
New Hanover County
2014 -0195
4. 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 DWR. 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 downstream 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
Energy, Mineral, and Land Resources has released the project.
5. Turbidity
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.
6. 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.
7. 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 Resources, 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 Permits.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com or call (919) 431 -3000 for information. Within sixty (60) calendar days
of receipt of this Certification, you must file the petition with the Office of Administrative
Hearings. A petition is considered filed when the original and one (1) copy is received in the
Office of Administrative Hearings during normal office hoturs: (Monday, ough Friday, between
8:OOam and 5:OOpm, excluding official state holidays). The ;petition may the yfaxed to" e Office
' " of Administrative Hearings at ( 919 ) 431 -3100 , P rovided the ori g inal and`one coP Y'' of the petition
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Emmart's Landing Community Marina
New Hanover County
2014 -0195
is received by the Office of Administrative Hearings within five (5) business days following the
faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central
Office in Raleigh at 919- 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at
910- 796 -7215.
Sincerely,
�k ,C-5-2t�
h as A. Reeder
Division of Water Resources
Enclosures: Certificate of Completion
GC 3900
cc: Steve Morrison — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite
15, Wilmington, NC 28403
Doug Huggett — DCM Morehead City
Robb Mairs — DCM Wilmington
Ronnie Smith — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO

Certificati ®n ®f Completi ®n
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR 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
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
I, , 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 Permittee 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: Registration No. Date``"
Al