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Home My WebLink About20090730 Ver 1_Approval Letter_20090824NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 24, 2009 DWQ Project # 09-0730 Craven County Coastal Marketing and Development Co. Attn: Duncan Harrison 309 Middle Street Suite #9 New Bern, NC 28560 Subject Property: Fulshire Plantation Adams Cr., Neuse Basin, 030410,27-128, NSW, SA, HQW Approval of 401 Water Quality Certification (GC3642) and Neuse River Riparian Buffer Rules (15A NCAC 2B.0233) with Additional Conditions Dear Mr. Harrison: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.306 acres of waters, 0.012 acres of wetlands, and 570 square feet of Neuse River Riparian Buffer to construct an elevated walkway, pier, and 29 slip marina as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on June 29, 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. North Carolina Division of Water Quality Internet: www.newatorquali!y.org 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarolliina An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Naturally Page 2 of 3 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: 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. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Amount Approved Units Plan Location or Reference Stream na (feet) na 404/CAMA Wetlands 0.012 (acres) Plat provided with application Waters 0.306 (acres) Plat provided with application Buffers 570 (square ft.) Plat provided with application 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. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Page 3 of 3 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, 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 Tar -Pamlico 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, Coleen H. Sullins Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Doug Hugget, Morehead Office File copy Jenny Johnson, Land Management Group, LLC. PO Box 2522, Wilmington, NC 28402