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Lighthouse Developments Inc

August 14, 2006

Bureau of Water

2600 Bull St

Columbia SC 29201

Public Notice # 2005-1E-229-W(1)Public Notice Date: August 14, 2006

NOTICE OF PROPOSED DECISION

WATER QUALITY CERTIFICATION AND

CONSTRUCTION IN NAVIGABLE WATERS PERMIT

The Department, acting on an application for Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Construction in Navigable Waters Permit pursuant to R. 19-450. et. Seq., 1976 SC Code of Laws has reached a proposed decision for the project described below:

Lighthouse Developments Inc

community dock and boat ramp

Lake Murray

Lexington County

P/N 2005-1E-229-W(1)

After reviewing the project plans, Department Staff determined that there is a reasonable assurance that the proposed project will be conducted in a manner consistent with the certification requirements of Section 401 of the Federal Clean Water Act and the permitting requirements of R. 19-450. et. Seq., 1976 SC Code of Laws. Accordingly, the Department proposes to certify the project with conditions as follows:

  1. The applicant must implement best management practices in disturbed upland areas that will minimize erosion and migration of sediments on and off the project site during and after construction. These practices should include the use of appropriate grading and sloping techniques, mulches, hay bales, silt fences, or other devices capable of preventing erosion, migration of sediments and bank failure. All disturbed land surfaces and sloped areas must be stabilized and sloped with a minimum 3/1 slope upon project completion.
  1. Once the project is initiated, it must be carried to completion in an expeditious manner in order to minimize the period of disturbance to the environment. Upon project completion, all disturbed areas must be permanently stabilized with vegetative cover, or other erosion control methods as appropriate.
  1. All necessary measures must be taken to prevent oil, tar, trash, debris, and other pollutants from entering the adjacent waters or wetlands during construction.
  1. Access to the project site must be attained from highland, from a portion of the dock already completed ("end on end construction"), or from floating barges or mats (instead of barge canals or causeways).
  1. All efforts must be made to avoid disturbance to any existing native riparian vegetation in and along shoreline areas. Any unavoidable impacts to shoreline vegetation and/or emergent or submergent vegetation associated with the construction of the community boat ramp must be mitigated by replanting indigenous vegetation along the adjacent shoreline or other proposed area along the project shoreline
  1. The floating dock must be constructed with encased or encapsulated floatation.
  1. Litter receptacles must be located near all docks and walkways.
  1. Signs must be posted on all docks, piers, and areas adjacent to the facility stating the following:

"It is against both Federal and State Laws to discharge raw, untreated sewage from any description of watercraft into the waters of South Carolina."

Signs should be at least 14" by 18" in size so they can be read clearly.

9.No boats exceeding 25 feet in length are allowed at this facility, as proposed. Signs must be posted on all docks, piers, and areas adjacent to the facility stating this restriction. Signs should be at least 14" by 18" in size so they can be read clearly.

10. No fuel pump or fuel storage tank may be installed at any dock.

11. A wastewater pumpout and disposal system for boats with marine sanitation devices (MSDs) is required at the facility. All patrons of this facility must be advised that the discharge from any MSD into Lake Murray is prohibited. Prior to installation of the pumpout and disposal system, plans must be submitted to SCDHEC, the Division of Domestic Wastewater, Construction Management Section, by a professional engineer licensed to perform engineering work in South Carolina for review and approval. No dock may be occupied until the pumpout system has been built and given a final permit to operate by SCDHEC.

12. Any painting, major engine repair, or other maintenance, which may result in a discharge to the water, must be performed in a designated upland site.

13. Hydrocarbon-absorbing floats must be installed and properly maintained in each boat slip, as proposed. Maintenance logbooks or records must be maintained by the applicant or homeowners association and must be made available to SCDHEC upon request.

14. Hydrocarbon-absorbing floats must be installed and maintained in the stormwater system, as proposed. Maintenance logbooks or records must be maintained by the applicant or homeowners association and must be made available to SCDHEC upon request.

15. No preservative-treated lumber may be used for dock construction, as proposed.

16. Individual docks must be prohibited along the approximately 2,000 feet of shoreline through restrictive covenants, as proposed. A declaration of restrictive covenants or other preservation documentation must be submitted to SCDHEC’s Division of Water Quality for review and approval prior to recording. A copy of the stamped recorded plat and the stamped restrictive covenants must be submitted to the Division of Water Quality within 60 days of issuance of the 404 Permit.

17. An average 25’ foot vegetative buffer measured above the 360 foot contour must be created and maintained at the shoreline through restrictive covenants, as proposed. This buffer must be a minimum of 25’ where possible. A declaration of restrictive covenants or other preservation documentation must be submitted to SCDHEC’s Division of Water Quality for review and approval prior to recording. A copy of the stamped recorded plat and the stamped restrictive covenants must be submitted to the Division of Water Quality within 60 days of issuance of the 404 Permit.

18. The use of chemical fertilizers must be prohibited throughout the entire development, both on individual lots and common areas, as proposed. A declaration of restrictive covenants or other preservation documentation must be submitted to SCDHEC’s Division of Water Quality for review and approval prior to recording. A copy of the stamped recorded plat and the stamped restrictive covenants must be submitted to the Division of Water Quality within 60 days of issuance of the 404 Permit.

The SC Department of Health and Environmental Control reserves the right to impose additional conditions on this Certification/Permit to respond to unforeseen, specific problems that might arise and to take any enforcement action necessary to ensure compliance with State standards.

The evaluation of the proposed work was conducted by the Bureau of Water and copy of the staff assessment supporting the proposed decision is enclosed. A copy of plans submitted by the applicant is available for review in the office of the Division of Water Quality, Bureau of Water. Additional information about the technical aspects of this application is available from Amy E Cappellino, the project manager, at 803-898-4183.

The final Water Quality Certification and Construction in Navigable Waters Permit will be issued unless there is a timely request for review of the Proposed Decision based on water quality or water use impacts.

The issuance of this Notice of Proposed Decision represents a final staff decision that may be appealed. The procedures for appeals went into effect July 1, 2006 pursuant to 2006 Act No. 387. This decision of the Department becomes the final agency decision fifteen days after notice of the Department decision has been mailed to the applicant or respondent, unless a written request for final review is filed with the Department by the applicant, permittee, licensee, or affected person.

An applicant, permittee, licensee, or affected person who desires to appeal this decision must file a written request for final review with the Clerk of the Board at the following address:

Clerk of the Board

SCDHEC

2600 Bull Street

Columbia, SC 29201

Parties filing a request for final review are asked to include a statement of the grounds on which they challenge the Department’s decision. In order to be timely, a request for final review must be received by the Clerk of the Board within fifteen days after notice of the Department decision has been mailed to the applicant or respondent. If the fifteenth day occurs on a weekend or State holiday, the request is due to be received by the Clerk of the Board on the next working day.

If a timely request for final review is filed with the Clerk of the Board, the Clerk will provide additional information regarding procedures. The Board of Health and Environmental Control (Board) has sixty days from the date of receipt of a request for final review to conduct a final review conference. The conference may be conducted by the Board, its designee, or a committee of three members of the Board appointed by the chair.

If a final review conference is not conducted within sixty days, the Department decision becomes the final agency decision, and an applicant, permittee, licensee, or affected person may request a contested case hearing before the Administrative Law Court (ALC), in accordance with the Administrative Procedure Act, within thirty days after the deadline for the final review conference.

The ALC has a Notice of Request for Contested Case Hearing form that may be used, but is not required. The form and the Rules of the ALC can be found at the ALC’s website:

Pursuant to ALC Rule 71, the Administrative Law Court requires that a party requesting a contested case hearing must submit a filing fee in the amount of $250 with the Administrative Law Court.

A copy of a request for the contested case hearing must also be served on each party, including but not limited to DHEC. Copies of a request for a contested case hearing should be mailed to the Clerk of the Board, DHEC, 2600 Bull Street, Columbia, SC 29201, (803) 898-3300.

(The above information is provided as a courtesy; parties before the Administrative Law Court are responsible for complying with all applicable requirements of the Court.)

Amy E Cappellino, Project Manager

Water Quality Certification, Standards, Navigable Waters

and Wetland Programs Section

cc:US Army Corps of Engineers

Charleston District Office

SC DHEC, Columbia EQC Office District Office

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Lighthouse Developments Inc

August 14, 2006