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HomeMy WebLinkAbout20070504 Ver 2_401 Application_200807080 ?1- * 0'A U Z ANCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM TO: Kyle Barnes - DWQ - W hington FROM: Richard S. Weaver - DCM, Morehead City SUBJECT: minor modification request for Shirle Ann Gray, DWQ Project #070504 Date: June 30, 2008 Hey Kyle, thanks for your help with this one, Attached is a minor modification submitted for CAMA major Permit No. 62-07 issued to Shirle Ann Gray. Ms. Gray was authorized to construct a 16 ft. x 32 ft. boat basin on her property at 921 Brices Creek, Craven County. After a number of issues with her contractor, Ms. Gray has discovered that the original dimensions of the authorized basin are not sufficient. Ms. Gray is requesting authorization to change the boat basin dimensions to 40 ft. x 27 ft. Could you please provide your comments for the project to me via email (rich weaver@ncmail.net), fax (252-247-3330) or mail (400 Commerce Ave, Morehead City, NC 28557) as soon as possible. Thanks in advance and if you have any questions please give me a call at 252-808-2808. JUL 2 2008 WETLANDS AND STORMWATER BRANCH 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper A L 1.1; WA 74 ?l a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary June 30, 2008 MEMORANDUM: TO: Vivian Christy - Kyle Barnes Division of Water Quality-401-Washington FROM: Richard S. Weaver Asst. Major Permits Coordinator SUBJECT: Minor Modification-401 DETERMINATION - RIMS # 070504 Applicant: Shirle Ann Gray CAMA Major Permit No. 62-07 Project Location: adj. Brices Creek, 921 Brices Ct., New Bern Proposed Project: change dimensions of authorized boat basin 40 ft. x 27 ft. Please indicate below your agency's position or viewpoint on the proposed project and return this form. If you have any questions regarding the proposed project, please contact Rich Weaver at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper 921 Brice4Court New Bern,,* NC 28562 252-636-2846 facsimile transmittal To, NCDENR, Division of Coastal Fax: 1-252-247-3330 Management Attn: Richard S. Weaver From: Tamara Gray Date: 612512008 Re: CAMA Major Permit # 62-07 Pages: 03 CC: ? U gent ? For Review 0 Please Comment ? Please Reply ? Please Recycle i Rich: Per our telephone conversation last week, the foilowing are the marked up drawings for the minor modfication request on the pemuit referenced above. Please let me know tf you think these will suffice- If not, do you thank a meeting would be In order to review evegOing and make a detwmination what is needed for us to proceed with this project Thank you foryourtime and assistance. Tami 252-636-2346 252-259-7227 -cell Jul 1 GU UO U.7. I I a I .M. LUUI Idl U s ?'?sk i Or P?,Y t S fia0. M a.t-l r as y T' sne«aatRnatt -? a Iw++bl . .. Aedliettl:. srr eneaaastr, /N?w s.a uc zssl?z / Patrol ID: T-Ofb20ls WkwCR (SJL"Ml LOL-0150-LJ40 P•z of - Soy v 2 t i 40 30 20 10 0 SCale: i"W 40 Pans 2 of 6 Proposed Cor0dorts Marine constnction Page 2 of 5 - Proposed Conditions oats: 01108107 3ray Residence Scale: 1° - 40' 3rices Ct. N Drawn By. F.FU Bern, N.C. 28562 aAnaael rsc, aeu8aer . .,..... 4:??w . ataed sue of ?hbl plea Vkhoat vrsicma roams is Bechi• Ate. mow. ., M&dt OaR Putoas'ts SJ.C ° --J;url LO VO V.7. I Id 1.h. LUUIlellu -wTV r• !l?1IS bG?n 4 S 11f.GSSG?1'!?r? ?O ??etot ??Q Yl~QSDtk?? ; 4Y6 iV?Gl.? c-cbr->6aC6r d.tstgr) would ko-VE. £nCYOQCkkJ- orN6 LTE_ tug ?? i5 ??Y D ? ???t Nate) (I rr) & sS ors CLtt o u-) a •?7 ? C3e.YELt? E Et> IJ 11 f I f ! p 1 1t? Y'?6? i n i t>q b t,?l pLY> £ar_ Ct+ G?_n C?, YD 1a ?. Y tins, I l ?r;gincLt Congo-c?or s sigh ?cxs ?o Sv?ntk.?l tin ??n 9 ACC m()CJC. E. -I:b*. ??n?--M?.???CrSt[}?? i TIL 1 • t Timothy Murphy Residence 917 Brices Court New Bens, N.C. 28562 Parcel ID: 7-052-2-058 Shirle Reside 921 Bi {SR 1 New B Parcel :.h Plan for Marine Construction Pi The Gray Residence 921 Brides Ct. New Bern, N.C. 28562 Maritime Fanners LLC, • i Project Designer Any ummthoriwd me of this plan without warorn camsem is prohibitca Q y Ptopecry a Maritime Partner LLC ^ „m° June 12, 2008 Richard S. Weaver IRN Asst. Major Permits Coordinator N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Request for Minor Modification on Permit #62-07 921 Brices Court, Neuse River Basin Brices Creek Dear Rich: city i cm Per our telephone conversations and emails of May 2008, please consider this letter as the narrative of the above referenced request. Also enclosed is check number 3336 in the amount of $100.00 to cover the cost of the fee for the modification. We are requesting to increase the dimensions of the boat basin to 40' length and 27' width. The additional excavation area will be removed from the high ground on our property. The dimensions and placing of the boathouse will remain the same per the original drawings. There have been concerns expressed regarding the size of the boat basin by the contractors who are bidding to complete this project. Both companies feel that the size of the basin submitted originally by Maritime Partners is not large enough to accommodate the proposed boathouse and adjacent Jetski lift hence this request. As stated previously, all other aspects of the submitted drawings will remain the same and no other property or wetlands will be impacted. The spoil from this excavation will be handled in accordance with the instructions as outlined in the Division of Water Quality letter (DWQ Project #07-0504) dated June 25, 2007. I have attached all the pertinent correspondence, drawings and CAMA Major Permit for your convenience. Please do not hesitate in contacting me should you have any questions and/or concerns. I look forward to hearing from you. Please note my new email address for your records TAGray024,?i',,,aolxoin. Sinc rely, Tamara Gray /tag Encls: As Noted Y:i-:-h`h .}r :?}iNti°:•:•;.iY:-::.:•Y:-:•:v:•}%.•}+Y.r.:_Xy'rY.ti-}:<.;.}:4i{r-:?-:ti?_}i# ::,r'..:ii:.;.; i:__:v:K•i!-0+.-:-}i:-:_:-?i-}i.ti°:^:-Xa.;.{:.:}.v,±.:..:..}Y•:-iri-: 'r}:-:4:?i-:-::ti{r:.:4i:-:-Y:^,.Yr: '??-Y>•}}}Xtiv.i.:v+`vti}`•}.;-ii?-'rY'r:--: Permit Class D5 O L} 0 2 Permit Number NEW 62-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermi t i for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to _ Shirle Ann Gray, 921 Brices Ct., New Bern, NC 28562 Authorizing development in Craven County at adjacent to Brices Creek, 921 Brices Ct., New Bern as requested in the permittee's application dated 1/9/07 including the attached workplan drawings (5), all dated 1/9/07. This permit, issued on July 3, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null anti void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation shall not exceed -6 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set: forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require permit modification. (See attached sheets for Additional Conditions) fi This permit action may be appealed; by the permittee or Signed by the authority; of the Secretary of DENR and the otherqualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. ' An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department g { personnel when the project is inspected for compliance. 49,7U4& ?oL James H. reason Director Any maintenance work or project modification not covered ° ' " Division of Coastal Management . r hereunder requires further Division approval. i All work shall cease when the permit expires on ` This permit and its conditions are hereby accepted. December 31, 2010 G V C? LI ?J Ls ' ui issuing this permit, the State of North Carolina agrees D that your project is consistent with the North Carolina Coastal Management Program. 200$ Signature of Permittee :'G'C'S :Yi+e?).? i%i?':•..:•5•YrX•: 0 K•i•:ti•:4}PP<•L•Y,-;G1?i:•0•J-0{?#/+?•Ki4F:?:.l+.ti4?}:?'K `/f..K:l•:r:.4ti 'ti4ti•(?i}?:a{K-Y}Ch- ' " '' tv.'?Y 4'.-.tii4"/.4}'Pi•:ti?r: v}}9?.4'.vG?Y :irY' h r;-NN' ,}':K?.:.•Y.•Cvi WETLANDS AND STORMWATER BRANCH •7-Y}Y-XrtF.9-Xro+ra' }i{-:-}}Yrr."i{tiisiv:4.?rS-h r'=- i:-4-ti-:-?r:K-:-}GJri4{K-:-}}}}i•e-};..}: i-:.}}...+.: :-:-:-:+.--}iii 44 - .?K-}G?.S?r:-:-:i-: }T:-.'rf-:-}:-0-};:-Yi+=fi{ ri- ;i. .i:K{.}:-}:w}:^F{.C^}ti .,;.}.fiti°: K°'}•:^'r:^}7-?•:-f Shirle Ann Gray Permit # 62-07 x Page 2 of 4 f ADDITIONAL CONDITIONS A i 4) No excavation shall take place within 10 feet of any Coastal Wetlands. . 5) No vegetated wetlands shall be excavated or filled. F. t 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The ermittee's contractor is advised to contact the U.S. Coast Guard at 910 815-4895 ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. f Shoreline Stabilization 7) The alignment of the authorized bulkhead shall be staked by the permittee and approved by a -r representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Y 8) The authorized bulkhead shall be located landward of any vegetated wetlands. 9) The bulkhead shall be constructed prior to any backfilling activities. 10) The bulkhead shall be structurally tight so as to prevent' seepage of backfill materials through the structure. 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by Division personnel: r 12) The backfill material shall be clean and free of any pollutants except in trace quantities. 13) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. x Docking Facility f 14) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 15) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. f Y 7 ?rrr:-=Nrso-co-r .wrw. . r:-:-;t-o-w:wr?:sse r -:??;.,? :?:-u.-.+rn r....-..i-..- r xt-:?-r?, .o-;•:r...;r .. r ?: :?.:aa+rx-:?-:-:fir.-:-rr,o-c . ra f x-x??.:-r: ?.sr•: c?:,r:+.?:??r-ter. P:<! wsr: :?::..::;.;.z,L Shirle Permit # 62-07 Ann Gray Page 3 of 4 ADDITIONAL CONDITIONS t 16) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 17) The authorized boathouse shall be single story, and shall not be designed to allow for second stnrv ura 18) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized' work. ,19) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if she abandons the permitted activity without having it transferred to a third party. 20) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations` undertaken by the United States in the public interest. 21) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. r 22) This permit authorizes a maximum of two boat slips. Spoil Disposal 23 All excavated materials shall be confined to the area indicated on the attached workplan drawings behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 24) In accordance with the requirements of the Division of Land Quality, the exterior slopes of the spoil area shall be no steeper than 2(H);1(V), and a ground cover sufficient to restrain erosion shall be provided ` within 21 days of the dike construction. Sedimentation and Erosion Control 25) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, r ely `diversion swales or berms, etc.). At a minimum, a silt fence shall be rly, utstall:e4 imxn§ kf!F g activities. landward of the bulkhead cap immediately following completion of bac v 7 ? ?rrr.+,.rrr.?a?o-os-c+n,*:+.-rc*.•,?.?ao-roo+ :+:-:+r.aa:r:•rx+fo-s s•:o-:.f.?o-.?:ao-a+c-;t eo.?rao-sn?+.x-?^+.-.rrrt-rro-rrw:;.•rx:s.: w.x,ac.:;r:?-:Jrarr:w r:h-»rr:?o-:t-ru?•ra-wcwa?:.-rsttu+rz aa?•a-rx x4-r:.:,-: ' .?.^^.Y?'4:•rrrr7-:•+rX°C-Ri?A+rY}C•Y.-iS-::-Y:4:Ptia :+.-t•ff+?}:-:-}}:Ksd•SK-fr)-0-:-r: ?-}: :4 :-:Y: r??.:-:^Y.??:hv?:[ti ; :4:v?.;e.Y}:?: }; .;..:..; .?.C : y<-x-? :-}:-:-:? :. _}:-}_-: :1:-:vx-:.:o.v:.}:.:... ?-x^:w _ .. -. t Permit # 62-07 Shirle Ann Gray f Page 4 of 4 ' t f ADDITIONAL CONDITIONS General f Y 26) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of tf- stnicture or work authorized by this permit, or if in the ll u r cause work sha re o opinion of the Secretary of the Army or his authorized representative, said struct r unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers,' to remove,' relocate or alter the structural work or X obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the ?permittee's property may require a modification of this permit. Contact a, representative of the Division of Coastal Management at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many' non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge li f Wa i $t ty at ter Qua on o of any coastal wetlands, which ever is more restrictive. Contact the Divis (252) 946-6481 for project specific clarification. Division. of Water: Quality has authorized the proposed project under General Water NOTE: Thee: N.C. _ Quality Certification No. 3642 (DWQ Project No. 070504), which was issued on 6/25/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056, 197800080, and 198200277 (COE Action Id. No. SAW-2007-1391-125) which was issued on 4/17/07. 5 } Y r 1. .? Y •Y?w?w-0-:?r:•aro-rrx+ao-o-o-:-}ctti•c-r: r..a;•ct? Y?a;,+ ?:Sa•a•oa•o-»-s+ti.+?. r!-rrrt:?-r};-:?.o-:a.rx-:•r+.aat-»a,?x-a+.?ra}rr-:+,•o-rx,?;K-ae•}:rto-e-rc-r.-Yx?-i•rx?:a•at-,k r.-:t?Jrx•?-a•r-.- rY:?watiw•}xa!?}};.Yx.+fr} }acatcw.•:•};? OF.. W A rF/? Michael F. Easley, Governor O? Y'`` QG 1 1 Pyworth William G. Ross Jr., Secretary Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality June 25, 2007 DWQ Project # 07-0504 Craven County Shirle Ann Gray 921 Brices Ct. New Bern, NC 28562 Subject Property: 921 Brices Ct. Neuse River Basin Brices Creek, 030410,27-101-40-(1), NSW, C, Sw Approval of 401 Water Quality Certification (GC3642) with Additional Conditions t k Dear Ms. Gray: You have our approval, in accordance with the attached conditions, to excavate an existing canal and create a boat basin and place fill material on high ground outside the riparian as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on March 19, 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 (USACE). 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 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: North Carolina Division of Water Quality Internet h2o.enr.state.nc.us 943 Washington Square Mail Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarollffia An Equal OpportunitylAffinnative Action Employer-50% Recycled110% Post Consumer Paper Xaturallff Applicant Page 2 of I _ Date Amount Approved nits) Plan Location or Reference ..y ?- Stream na feet na 404/CAMA Wetlands na acres na Waters 0.098 (acres) Plat provided with application Buffers na (square ft.) na 2. Certificate of Completion r'- ., e4 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. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 5. Buffer Establishment around Basins New boat basins (such as the one you are proposing to construct) are considered by the DWQ as a modification of the existing shoreline. As such, a 50-foot buffer that meets the requirements of Sections (4) and (5) of 15A NCAC 02B .0233 must be established with similar vegetation around the newly created shoreline. You are required to establish a new buffer around the shoreline of the basin. All associated upland development (such as parking lots, buildings, etc.) and any new impervious surfaces shall not be located within the newly established buffer or any existing protected buffers. 6. 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. 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 Applicant Page 3 of 3 Date 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. Sincerely, fAl NodgA7Sup visor Division of Water Quality Surface Water Protection Washington Regional Office 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: 07-0504 L F ,? WQC #3642 This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: Activities authorized by CAMA major permits require written concurrence from the 1 . Division of Water Quality as well as compliance with all conditions of this General Certification; Activities authorized by Coastal Area Management Act (CAMA) Minor or General 2 . Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; In accordance with North Carolina General Statute Section 143-215.3D(e), any 3 . request for written concurrence for a 401 Water Quality Certification must include the ?. appropriate fee. If a project also requires a CAMA Permit, one payment to both . ' agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Ittg: ? ?:? Management - I, 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be c s required for impacts to 150 linear feet or more of streams and/or one acre or more of 03 wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities - M classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for f this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public CAMA PERMIT CERTIFICATION WQC #3642 road projects, the mitigation plan must be implemented before the road is opened to the travelling public; 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly- funded transportation project, which has a 150-foot per-stream impact allowance; Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar- Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual' ! - whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be In full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with C7:1 n*1 the appropriate turbidity water quality standard; ' ( > f --:_ .a} e a - 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; _ x`11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. WQC #3642 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By #,404P, ` Alan W. Klimek Director WQC # 3642 3 COPY May 31, 2007 NCDENR Water Quality Division Attn: Kyle Barnes 943 Washington Square Mall Washington, NC 27889 Ref 921 Brices Court, Neuse River Basin DWQ Project # 07-0504 Dear Mr. Barnes: It was a pleasure to meet with you Wednesday afternoon, May 30, 2007. After discussion of the additional information requested, below are the answers needed to proceed with this project. 1. After thorough investigation, this area has never been recorded or permitted as being dredged or with specific depths and sediment results. After our consultation we returned to the site and probed the impact area for sediment depths beginning at the proposed boat basin and following out toward the mouth. Solid bottom was measured from 6.5 ft. to as much as 8 ft. 2. As discussed, the spoil area will be removed from Zone 2 completely and placed further east to eliminate any impacts in Zone 1 and in Zone 2. Complete stabilization including multi-silt screens toed in and sod placed on berm areas will be included as well. 3. As discussed, all drip lines from the boathouse roof will not impact any areas to the Neuse River Riparian Buffer and will be completely over water. 4. At this time no access structures are proposed for this project. As discussed and agreed to by owner, they will request proper permits to implement if they wish to do so in the future. Thank you for taking the time to discuss these issues and meet with me to finalize this project for the homeowners. Sincerely Danny Williams 4