20061909 Ver 2_Approval Letter_20071220

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
December 20, 2007
DWQ Project # 06-1909 vs. 2
Dare County
Skyco Development, LLC
Attn: Mr. Lee Tugwell
1 Sailfish Drive
Manteo, NC 27954
Subject Property: Skyco Development, Ashbee Harbor Club
Croatan Sound, 030151, 30-20-(2), SA, HQW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Tugwell:
You have our approval, in accordance with the attached conditions, to excavate or otherwise
impact 0.056 acres of Coastal Wetlands and 0.016 acres of 404 jurisdictional wetlands to connect
two existing canals to a proposed 2.6 acre upland marina and subdivision as described in your
application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review
Permitting Unit on June 21, 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaxolliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vat/`ally
Applicant
Page 2 of 4
Date
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 na (feet) na
404/CAMA Wetlands 0.072 (acres) Plat provided with
a lication
Waters na (acres na
Buffers na (square 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. 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. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
6. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation
and Maintenance Agreement) must be implemented and the stormwater management
facilities shall be constructed and operational before any permanent building is occupied at
the subject site. The structural stormwater practices as approved by this Office as well as
Applicant
Page 3 of 4
Date
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.
7. Standard Erosion and 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:
a. 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. 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
proj ect.
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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
8. Pump-Out Facility
The Pump-Out facility associated with the marina shall be equipped with emergency spill
containment equipment. Any spills associated with this facility must be reported to the
DWQ within 24hrs of the incident.
9. Marina Basin Water Quality Monitoring
A Water Quality Monitoring Plan for the marina basin shall be submitted to DWQ for
approval within 90 days of receipt of this certification. The final approved plan shall be
implemented prior to any of the marina slips being occupied.
10. Shoreline Protection
Shoreline protection measures shall be installed in the areas of the dredged connection of
Canals A and B to the marina basin. These measures are to be implemented prior to any of
the slips being occupied. A final design of these measures shall be submitted to DWQ
within 90 days of the receipt of this approval.
11. Dredging Moratorium (Anadromous Fish)
No dredging shall take place during the months of February 15 to June 15.
Applicant
Page 4 of 4
Date
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.
Sincerely,
AAlHodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3 642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Brian Rubino, Quible and Associates, P.C.
P.O. Drawer 870, Kitty Hawk, NC 27949
Filename: 06-1909 vs 2