20080922 Ver 1_Approval Letter_20080722

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0 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
THIS IS2 NOT DWQ Project # 08 0922
Carteret County
Front Street Village, LLCk CAMA PERMIT
Attn: Charles Oliver, II
PO Box 80248
Raleigh, NC 27623
Subject Property: Front Street Village and Marina
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Oliver:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact approximately 0.014acres (595 sf) of coastal marsh and dredge approximately 0.366 acres (15,959
sf) of shallow bottom habitat, as described within your CAMA application dated June 3, 2008 and
received by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on June 6,
2008 and additional information received on July 16, 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: htip://h2o.enr.state.nc.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 for the southern portion
of the property (South of Lennoxville Road). You must notify us and you will be required to send us a
new application when the northern portion of the property (North of Lennoxville Road) has been more
accurately designed (i.e. wetlands have been identified, soil testing done and site plan established). 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:
Mailing Address Phone [phone] Location OnrthCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. Naturally
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateruuality.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
Front Street Village, LLC
Attn: Charles Oliver, II
DWQ Project # 08 0922
July 22, 2008
Amount Approved (Units) Plan Location or Reference
Coastal Wetlands 595 sf (0.014 acres) Sheet 5 (attached)
Shallow bottom Open
water 1595.0 sq ft (0.366 acres) Sheet 5 (attached)
2. Moratoriums
Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC
Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
3. 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.
4. 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.
5. 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.
Page Three
Front Street Village, LLC
Attn: Charles Oliver, II
DWQ Project # 08 0922
July 22, 2008
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.
7. Construction Stormwater Permit NCGO10000
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 (NCGO10000) 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 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.
8. 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.
9. 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.
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.
Page Four
Front Street Village, LLC
Attn: Charles Oliver, II
DWQ Project # 08 0922
July 22, 2008
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.
Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Jeremy Ganey - Coastal Science and Engineering
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
04" NAOJ ;mss - DCM W iftg+en w?are?
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