20070497 Ver 3_Approval Letter_20080507

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May 7, 2008
DWQ Project # 07 0497 V2
Onslow County
North Carolina Division of Parks and Recreation
Carolina Beach State Park
Attn: Jean Lynch'
PO Box 475
Carolina Beach, NC 28428-0475
Subject Property: Cow Channel Dredging Project, Hammock Beach State Park, Swansboro
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Lynch:
You have our approval, in accordance with the attached conditions and those listed below, to conduct
maintenance and new dredging at the subject property, as described within your CAMA application dated
March 18, 2008 and received by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office
(WiRO) on March 25, 2008. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can also be
found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. The Certification allows you to use 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, 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 is for the purpose and design that you described in your application. If you change your
project, you must notify us and you will 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.
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 Approved (Units) Plan Location or Reference
404 Wetlands N/A (acres)
Coastal Wetlands N/A (acres)
_Q pen Water (dredging) (407,800 s ft 9.36 ac) Proposed Layout (C1 of 9)
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
Internet: www.wwaterqualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
Nose Carolina
Naturally
Phone [phone] Customer Service
Fax [phone]
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Page Two
North Carolina Division of Parks and Recreation
Carolina Beach State Park
Attn: Jean Lynch
DWQ Project # 07 0497 V2
May 7, 2008
2. Erosion & 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 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 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 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.
5. Other Conditions
All other conditions of General Certification #3642 are hereby incorporated by reference;
6. 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
North Carolina Division of Parks and Recreation
Carolina Beach State Park
Attn: Jean Lynch
DWQ Project # 07 0497 V2
May 7, 2008
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 Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
V 13e4A-
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jonathan Howell - DCM Morehead
Central Files
WiRO