19960830 Ver 2_Approval Letter_20080822

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
T I alllo% ?IS NOT
DWQ Project # 96 0830 V2
ounty
Lo'r Decks at Calico Jacks, LLC R Mm - IMF
Attn: Ron Cullipher, Member Manager
151 A Hwy 24
Morehead City, NC 28557
Subject Property: Calico Jacks 1698 Island Road, Harker's Island
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cullipher:
You have our approval, in accordance with the attached conditions and those listed below, to dredge 64,
750 square feet (1.48 acres) of shallow bottom habitat, fill 268 square feet (0.006 acres) to construct a
new/replacement bulkhead on the northern shoreline and reconfigure the marina, as described within your
CAMA application dated July 25, 2008 and received by the Wilmington Regional office (WiRO) on July
29, 2008. After reviewing your applications, 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. 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 on the following page.
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
Coastal Wetlands N/A
Shallow bottom Open water 1.48 acres (64,750 sq ft) dredged Sheet 2 of 3
0.006 acres 268 s ft filled Sheet 3 of 3
Mailing Address Phone [phone] Location Noe Carolina
1617 Mail Service Center Fax [phone] N. Salisbury St. tumllry
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateruualitv.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Lo'r Decks at Calico Jacks, LLC
Attn: Ron Cullipher, Member Manager
151 A Hwy 24
Morehead City, NC 28557
DWQ Project # 96 0830 V2
August 22, 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 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.
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.
Page Three
Lo'r Decks at Calico Jacks, LLC
Attn: Ron Cullipher, Member Manager
151 A Hwy 24
Morehead City, NC 28557
DWQ Project # 96 0830 V2
August 22, 2008
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.
Shi6erely,
oleen 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
Tere Barrett - DCM Morehead City
Central Files
WiRO