20080990 Ver 1_Approval Letter_20080918

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Pamlico Consort, LLC
Attn: John Sheppard
PO Box 181
Oriental, NC 28571
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 18, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0990
Dare County
Subject Property: Pamlico Consort, Old Lupton Road
Brown Creek, Neuse Basin, 030410,27-141-3, SA, HQW, NSW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Sheppard:
You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.094 acres of waters for the purpose of redeveloping an existing marina at
the subject property, as described within your application dated March 20, 2008 and in
accordance the modified plan submitted to the DWQ on September 5, 2008. 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]
Washington, NC 27889 FAX [phone]
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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 na (acres) na
Waters 0.094 (acres) Plat provided with application
Buffers None (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. Diffuse Flow
All stormwater conveyance 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. 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
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.
IN
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
Pamlico Consort
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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 Neuse riparian buffer protection rule as described within.15A NCAC 2B
.0233. 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,
for Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
vl DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, WaRO
File copy
Central Files
Kevin Avolis, P.E., Avolis Engineering, P.A.
PO Box 15564, New Bern, NC 28561
File: 08-0990