20090331 Ver 1_Approval Letter_20090713

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 13, 2009
Doe Creek Plantation, LLC
Mr. Tom Morgan
1027 Sabbath Home Road SW
Holden Beach NC 28462
Subject Property: Doe Creek Plantation
Natural Resources
Dee Freeman
Secretarv
Brunswick County
DWQ Project #: 09-0331
Approval of 401 Water Quality Certification with Additional Conditions
To Mr. Morgan:
You have our approval, in accordance with the attached conditions to impact 0.008 acres of jurisdictional
waters (0.005 acres of non-veget etlands and 0.003 acres of 404 wetlands) to excavate and construct
a boat ramp, bulkhead, two d two (2) floating docks as described in your application
received by the N.C. Division of W t ty 3WQ) Wilmington Regional Office (WiRO) on June 2,
2009. After reviewing EV c .'on, a*e Jec,i> , `fi.t;he impacts are covered by General Water
Quality Certification 1` u?me,?64f 4This ( ei?tli4®lidn can also be found on line at:
htip:Hh2o.enr.state.nc.us/ncwetlili '. 1 /"he Certification allows you to use the CAMA Major
Permit when issued by the Division of o s 11 addition, you should obtain or otherwise
comply with any other required federal, state or loc ou go ahead with your project
including (but not limited to) Erosion and Sediment Contro , - Tscharge, 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.
The Additional Conditions of the Certification are:
1. 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 CAMA Major 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.
One,
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North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-67 CltllCll ;
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Doe Creek Plantation
Brunswick County
2009-0331
2. Protective Fencing
The outside wetland boundary shall be clearly marked with warning fencing (or similar high
visibility material) for the areas that have been approved to infringe within the wetland or water
prior to any land disturbing;
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.
4. Construction Stormwater Permit NCGO 10000
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 ham://h2o.enr.state.nc.us/su/Forms Documents.htm.
5. 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.
6. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/downloadBMP Manual.pdf) such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing
water.
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
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Doe Creek Plantation
Brunswick County
2009-0331
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.
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 Chad Coburn in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
f
Enclosures: GC 3642
Certificate of Completion
cc: Greg Finch - Land Management Group, Inc., P.O. Box 2522 Wilmington, NC 28402
Doug Huggett - DCM Morehead City
Heather Coats - DCM Wilmington
Dave Timpy - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
WiRO
WQC #3642
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS
198000291, 198000048, 198700056,197800080,197800125, and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3, 12, 14, 18, 27, 29, 33, 35, 39, and 43, WHEN APPLIED
TO CAMA PERMITS, AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 21-11, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional General Perr-or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifV130 a3-the " 'tied category of activity will not violate
applicable portions of Sectio 301, 302, of tIW Public Laws 92-500 and 95-217
if conducted in accordance.. ctinditiotRs hereinaffgr forth,; ;
Conditions of Certification:
1. Activities authorized by CAMA major permits require urrence from the
Division of Water Quality as well as compliance with i ns of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
WQC #3642
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 28.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3642
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
00,41- au??
Alan W. Klimek
Director
WQC # 3642
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, by state that ?tb t best of my abilities, due care and diligence was
used in the observation of the construction b
ncC_ cottCru, observed to be built within substantial
compliance and intent of the 401 Water Quality Ce ?cel h?n aqd R?t t r , the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
tLMG
LAND MANAGEMENT GROUP rNc.
Environmental Consultants
June, 2 2009
Chad Coburn
NCDENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Re: CAMA Major Permit Application - Doe Creek Subdivision; Doe Creek Plantation, LLC,
Applicant; Request For More Information
Chad,
In reference to your letter dated May 4, 2009, please see the below additional information
requested.
1. Please note that the existing dirt access road and existing boat ramp have been
historically used for a significant period of time without wetland impacts excluding the
initial fill. Sheet 1 of 7 shows the proposed parking and turnaround area without wetland
impacts. The wetlands surrounding the subject tract, originally owned by Doe Creek
Plantation, LLC, were donated to the NC Agricultural Foundation in December, 2005,
therefore, there are no wetlands impacts proposed. To definitely alleviate any concern
about potential future wetland unnpacts the applicant will accept a permit condition
requiring a fence (silt, rope, spit rail, etc.) be installed at the wetland line.
2. Please note that the existing boat ramp has never needed dredging or maintenance
dredging. Due to the existing water depths and sharp drop off it is unlikely dredging will
be required or that there will be impacts due to prop dredging. Maintenance dredging for
the upland basin and proposed goat ramp may be required in the future. However, this
area is above the current MHW line.
Sincerely,
r^ r t 3.-t
Greg Finch
Environmental Scientist
cc: Ian McMillan - DWQ 401 Oversight and Express Unit
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC
28402