HomeMy WebLinkAbout20061927 Ver 1_Approval Letter_20070223Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 23, 2007
Mr. A.C. Skinner
368 Family Lane
Hampstead, NC 28443
Subject Property: Skinnard Docks
Hampstead, NC
Approval of 401 Water Quality Certi£cation with Additional Conditions
Dear Mr. Skinner:
DWQ Project # 061927
Pender County
You have our approval, in accordance with the attached conditions and those listed below, to dredge to
and within two existing boatslips within a 10-slip docking facility as described within your CAMA
application dated December 15, 2006 with additional information received by the N.C. Division of Water
Quality (DWQ) Wilmington Regional Office (WiRO) on February 21, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number
3489 (WQC 34089. This Certification can also be found on line at:
ht_pt ://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification allows you to use the CAMA Major
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 LAMA 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 maybe 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
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
Impacts:
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet)
Coastal Wetlands N/A
404/401 wetlands N/A
Buffers N/A (s uare feet)
Open Waters 0.04 ac (1538 sq ft) Drawing received by WiRO
on 2/21/07
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal OpportunitylAfhrmative Action Employer - 50% Recycled110% Post Consumer Paper
Phone (910) 796-7215 Customer Servicel-87723-6748 ~p
FAX (910)350-2004 Internet: www.ncwaterquality.org ~~~ .~'"
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Page Two
Mr. A.C. Skinner
DWQ Project # 061927
February 23, 2007
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 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.
4. 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.
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.
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 LAMA Permit.
Page Three
Mr. A.C. Skinner
DWQ Project # 061927
February 23, 2007
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 (DWQ) Permit # 061927 under Section
401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis in the DWQ
Wilmington Regional Office at 910-796-7215 or Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721.
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Sinccrely,
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Alan W. Klimek, P.E.
Enclosures: WQC 3489
Certificate of Completion
cc: Mark Clements -Clements Marine
Dave Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Doug Huggett - CAMA Morehead
Heather Coats - CAMA Wilmington
Central Files
WiRO