20090499 Ver 1_Approval Letter_20090611

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 11, 2009
Marshes Light, LLC.
Attn: Doug Anderson
PO Box 1908
Rocky Mount, NC 27802
DWQ Project # 09-0499
Dare County
Subject Property: Marshes Light, Historic Manteo
Shallowbag Bay, Pasquotank Basin, 030151, SC
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Anderson:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.55 acres of waters by shading, 0.006 acres of waters by fill, and 0.037 acres of
wetlands by shading to expand an existing marina as described in your application received by
the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on May 1,
2009. 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:
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3
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 na (feet) na
404/CAMA Wetlands 0.037 (acres) shaded Plat provided with application
Waters 0.55 (acres) shaded
0.006 (acres) filled Plat provided with application
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. Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to
an EPA approved Spill Prevention Control and Countermeasure (SPCC) plan to this
Office before the fueling facilities are constructed.
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,
Page 3 of 3
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 Kyle Barnes of the Washington Regional
Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
incerel ,
L
Coleen H. Su i `
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, Elizabeth City
DLR, WaRO
File copy
Warren Eadus, Quible and Associates, P.C.
PO Box 870, Kitty Hawk, NC 27949