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Home My WebLink About20100069 Ver 1_General Correspondence_20100331� ' �� NCDENIt � North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Suliins Dee Freeman Governor , � Director Secretary March 31, 2010 DWQ Project # 10-0069 Tyrrell County Alligator River Waterman's Association, Inc. � c/o Darlene Sawyer 934 Gum Neck Landing \ Columbia, NC 29725 Subject Property: NCDOT/McCullan Companies Alligator River, Pasquotank River Basin Revised Approval for 401 Water Quality Certification (3642) with Additional Conditions Dear Mr. Cox: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.33 acres of waters to conduct maintenance dredging, construct a rip-rap groin, rip-rap shoreline stabilization, bulkhead and dockage as described within your application dated December 15, 2009 and received by the N.C. Division of Water Quality (DWQ) on January 26, 2010 with additional information received on March 23, 2010. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3642. (GC3642). This Certification replaces the Certification issued to you on March 25, 2010. The revised Certification was modified due to a request from the North Carolina Division of Marine Fisheries on March 31, 2010. 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. 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 Intemet: www.ncwaterqualitv.org 943 Washington Squaze Mall Phone: 252-946-6481 Dlle Washington,NC27889 FAX 252-946-9215 NorthCarolina An Equal OpportunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper �atu` �[L� '� t� 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: Amount A roved (Units) Plan Location or Reference Waters 0.33 (acres) Pro osed Work-Location Plan 1 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642. 3. Sensitive Watershed Erosion and Sediment Control Practices The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must be adhered to throughout the life of this project. 4. No Impacts Beyond those in the Application No wastes, 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. 5. 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 DWQ. 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 down stream 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 Land Resources has released the project. 6. Dredge Moratorium In water work relating to the dredging of the manmade canal and waters of the Alligator River associated with the proposed project should adhere to the February 15 through October 31 moratorium. This will ensure the environmental integrity of the area is protected during these critical times. 7. Certificate of Completion Upon completion of all work approved within the 40] 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, Page 3 of 3 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 15A NCAC 02H. .0500. If you have any questions, please telephone Anthony Scarbraugh of the Washington Regional Office at 252-948-3957 or Ian McMillan of the 40 Oversight/Express Unit at 919-715-4631. Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 OversighdExpress Unit CAMA, Doug Huggett, Morehead City Office CAMA, Kelly Spivey, Washington Office File copy � ns Filename: 10-0069