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Home My WebLink About20071500 Ver 2_Approval Letter_20150914ATLANTIC INTRACOASTAL WATERWAY CORE CREEK WETLANDS FILL A SHADING EXHIBIT PRWECT .E PM 1676 -1 DESIGN FILE u, 1676COASTAL YACHTHANGAR /CONSTRUCTION /fi ASE.DON S Ai/ I. cS�\\ .OF •S Vim` W- b SEAL :a 037378 i C7•• ��yy�Y`cNG I NEB: "\Q FS M. C, 6e -- JUN 1 8 2015 LEGEND MOOS LIHE ....... NORMAL HIGH WATER C"SET0ACRS COASTAL SEFLAMS 105 TERMOS 505 WETLANDS W W V W W W W COASTAL WE FLANGE ® WETLANDS FILL WETLANDS SHADING REVISIONS, Of! O,LYTP WINTLANDR IMPACC NAP COASTAL YACHT HANGAR % 13011 SE�NSAAT ION WE ICH (I VA I•EN71 �CaSTAL ^Yfp NAN ! "(�I.�NA cue AOORESSE C6EARBROOO60. RV 22621 DRAWN$ CMC PHONE[ 310 -327 -6713 •x E RDC 6TROUD FNOIFIR6RINO.P.A. APPHUYLOE 1016 HIGH. (/,[[1I CMC MOREHEAD CITY.N.C.15651 ,GWORMT4571 LIC6M6R NO. 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LLr /,sIOwEo' cue ^000co ' 362 �'�ox n��: uE^ K.�^'2o4 --~- cMc PHONE; 540-327-6713 """^""m«»D J�armono ^,,xo,cv/ | w, CMC |- --»^u',,5m, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary September 14, 2015 DWR Project # 2007 1500 V2 Carteret County Coastal Yacht Hanger, LLC THIS IS NOT Attn: Richard McGough and Gary Johnson 362 Tyler Drive Clearbrook, VA 22624 A CAMA PERMIT Subject Property: Coastal Yacht Hanger Marina, Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs. McGough and Johnson: You have our approval, in accordance with the attached conditions and those listed below to construct a 68 wet slip marina, an upland 330 dry -slip storage facility with associated amenities and the dredging of an access channel and the construction of a retaining wall as described in the Division of Coastal Management application dated April 14, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on April 17, 2015 and subsequent information received via e-mail on June 3, 2015 and August 17, 2015. 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 General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major 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, Water Supply Watershed, 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 requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 - 796 -7215\ Internet: www.ncdenr.eov An Equal Oppommily 1 Affirmative Action Employer— Made in part by recycled paper Coastal Yacht Hanger, LLC - Attn: Richard McGough and Gary Johnson DWR Permit JJ 20071500 V3 September 14, 2015 Page 2 of 6 The Additional Conditions of the Certification are: Impacts Approved Open waters Dredging 404/401 Wetlands 4 TOTAL Amount Approved (Units) Permanent 7.8 acres Permanent 0.0084 ac 0.3506 ac 0.0154 ac 0.0100 ac 0.0457 ac 0.0690 ac 0.4991 acre Please note that NO TEMPORARY impacts were proposed. Plan Location or Reference Dredging plan dated received August 17, 2015 Wetland Impact Map Dated received June 18, 2015 (attached) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 3. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired oermits to assure that thev are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains and berms shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson D W R Permit k 20071500 V3 September 14, 2015 Page 3 of 6 Primary Nursery Area (PNA) Please understand that some of the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0221] 6. The construction of the docking facility may not cause anv additional closure of shellfishine waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 026.201(f) and 15A NCAC 02B.0221(1). 7. Work Moratoriums The permitee shall adhere to all appropriate in water work moratoriums as prescribed by the NC Wildlife Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service. 15A NCAC 021-1.0506 (b)(2) and 15A NCAC 026 .0221 (1) 8. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. 9. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. Continuin¢ Compliance: The applicant /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) 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, than the Division may reevaluate and modify this General Water Quality Certification. (15A NCAC 02H .0507(d)] Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit # 20071500 V3 September 14, 2015 Page 4 of 6 11. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A]. 12. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 13. Any marina project that proposes to dispense or store fuel, must adhere to an EPA approved Spill Prevention Control and Countermeasure (SPCC) plan. 14. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local sewer system regulations. [15A NCAC 02T.0301] 15. As- Builts Within 60 days of completion of construction, as -built drawings shall be submitted to both the Division of Water Resources, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh INC 27699 -1617 and to the Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405. [15A NCAC 02H .0507 (c)] 16. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 17. 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 and /or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htto:( /oo rtal. ncdenr.ore /we b /wa /swo /ws/ 401 /certsandoermits /aonly /forms). 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. This approval and its conditions are final and binding unless contested. Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson DWR Permit # 20071500 V3 September 14, 2015 Page 5 of 6 This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer. Burdette(@ncdenr.eovJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis(ancdenr.eov. . Sincerely, regson, Regional Sup rvisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Attachments Enclosure: GC 3900 Coastal Yacht Hanger, LLC Attn: Richard McGough and Gary Johnson D W R Permit p 20071500 V3 September 14, 2015 Page 6 of 6 cc: Kim Williams — Land management Group, Inc. — electronic copy Chase Cullipher — Stroud Engineering , PA — electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Brad Connell — DCM Morehead City — electronic copy Jennifer Burdette — Wetlands and Buffer Unit Heather Coats - DCM Wilmington — electronic copy WiRO