20071877 Ver 2_Approval Letter_20080201

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 1, 2008
Scenic Harbor, LLC.
Attn: Craig Rogers
10045 Red Run Blvd.
Owing Mills, MD 21117
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 07-1877 vs 2
Perquimans County
Subject Property: Scenic Harbor
Pasquotank Basin, Yeopim River, 030152, 30-8, SC
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Rogers:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.089 acres of waters to construct a boat ramp, bulkhead, pier, and 10 slip docking
facility as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on December 13, 2007. After reviewing your application, we
have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number
3642 covers these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USAGE). In addition, you should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and CAMA. 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 1501inear 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. 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
Stream na (feet) na
404/CAMA Wetlands na acres na
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Waters 0.089 (acres Plat rovided with a lication
Buffers na s uare ft. na
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3642.
4. Written stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be approved by the DWQ stormwater Section (in accordance with
15 A NCAC 2H .1000) prior to any impacts associated with this project take place. You have the
option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the
plan. The stormwater management plan must include plans, specifications, and worksheets for
stormwater management facilities that are appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this
Office that the impervious area of the entire, built-out project shall be less than 30% and that
there are no pockets of high-density development with concentrated impervious area over 30%
area within the project such as, but not limited to, commercial areas, multi-family, clubhouses,
maintenance areas, etc.
5. No Impacts Beyond those in Application
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. 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.
6. Construction stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO 10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit

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conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
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,
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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or
Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 07-1877 vs. 2
Division of Water Quality
Surface Water Protection
Washington Regional Office