20081068 Ver 1_Approval Letter_20081002

Michael F. Easley, Governor
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4 'C Coleen H. Sullins, Director
Division of Water Quality
October 2, 2008
DWQ Project # 08 1068
Carteret County
Arch P. Boyd
PO Box 596
Newport, NC 28570
Subject Property: Deep Creek Canal Maintenance
Approval of 401 Water Quality Certification
with Additional Conditions
Dear Mr. Boyd:
You have our approval, in accordance with the attached conditions and those listed below, to
maintenance dredge 149 linear feet of the canal to remove sediment as described in your Pre-
Construction Notice application dated July 3, 2008 and additional information received on
September 10, 2008 by the Central Office. After reviewing your application, it has been
determined that the impacts are covered by General Water Quality Certification Number 3705
(GC3705). The Certification allows you to use Nationwide Permit 18 when issued by the
US Army Corps of Engineers (USAGE) and your CAMA 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 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.
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.iicwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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Page Two
Arch P. Boyd
DWQ # 08-1068
October 2, 2008
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
Stream 149 (feet) Where lateral ditch
intersect canal on property
Wetlands N/A (acres)
2. 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 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.
3. 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.
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.
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
Arch P. Boyd
DWQ # 08-1068
October 2, 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.
Sincerely,
Ga.000??yY?pco I?? _
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3705
Certificate of Completion
cc: Ian McMillan- DWQ 401 Oversight Unit, Raleigh
Mickey Sugg - USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead City
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