20070469 Ver 1_Approval Letter_20070510

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 10, 2007
DWQ Project # 07 0469
New Hanover County
Harry and Dee Dee Shaw
511 Bradley Creek Point Drive
Wilmington, NC 28403
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Subject Property: 4 Backfin Point
Figure Eight Island, New Hanover County v
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Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. And Mrs. Shaw:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.003 acres (112.5 sq ft) of coastal wetlands for the purpose of replacing a bulkhead (18"
waterward of the existing alignment per letter dated 3/20/07) and adding additional floats to an existing docking
facility at the subject property, as described within your CAMA application dated March 13, 2007 and received
by the N.C. Division of Water Quality (DWQ) on March 13, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3631 (GC 3631). This
Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.htnil. This Certification
allows you to use Nation Wide Permit # 18 when issued by the US Army Corps of Engineers (USACE). 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 permits. 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 211.0506 (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:
L 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 Approved (Units) Plan Location or Reference
Stream N/A
404/CAMA Wetlands 0.0003 acres (112.5 s ft) Page -1 of 2
Waters N/A
Buffers N/A
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterquality.ora One
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Page Two
Harry and Dee Dee Shaw
DWQ # 07-0469
May 10, 2007
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The 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. The 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. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
3. 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 CAMA application. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project.
5. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Page Three
Harry and Dee Dee Shaw
DWQ # 07-0469
May 10, 2007
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. If
you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or
Joanne Steenhuis in the Wilmington Regional Office at 910-796-7215.
Enclosures: GC 3631
Certificate of Completion
Since y,
Alan W. Klimek, P.E.
cc: Jim Hundley - Waterline Marine Construction and Consulting
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead
Robb Mairs - DCM Wilmington
Central Files
WiRO