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Home My WebLink About20081006 Ver 1_Approval Letter_20080815 QC Michael F. Easley, Governor North Carolina William G. Ross Jr., Secretary Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Chuck Waki d, P.E., Deputy Quality y Director Division of Water Quality DWQ Project # 08-1006 Brian Barone Hyde County 12209 Willingdon Road Huntersville, NC 28078 Subject Property: Hyde 10 West Driveway Access Pungo River, Tar-Pamlico Basin, 030307,29-34-(38), NSW, SA, H W Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Barone: You have our approval, in accordance with the attached conditions and place fill within or otherwise impact 0.31 those listed below, to subject "iveway at the subject property, as described acres within your wetlands for application the d~oseated of June 20, constructin 2008 and 9 - received by the N.C. Division of Water Quality DWQ tiiapplication, we have decided that the impacts are covered by J Gen eral 4' 2008. Water QAfteruality reviewing 3704 (GC3704). The Certification(s) allows you to use Nationwide ' g your Certification :Tel issued by the US Arm Permit(s) 14 49t ,wise com 1 Y Corps of Engineers (USACE). In addition, you should obtain or p y with any other required federal, state or local permits before you o ahead with your project including (but not limited to) Erosion and Sediment C ead and LAMA regulations. Also, this approval to proceed with your proposed g impacts to conduct impacts to waters as depicted in your application shall expire upon expiration of This approval is for the purpose and design that you described in your application. If you change -,,ur project, you must notify us and you may be required to send us a new application. prc nerty is sold, the new owner must be given a co is thereby responsible for com 1 in pY of this Certification anproal letter If the p y g with all conditions. If total fills for this project (now or inld the future) exceed one acre of wetland or 150 linear feet of stream co iiirec~ as described in 15A NCAC 2H.0506 h . mpensatory mitigation may '~a~'yaitamns listed in the attached certification and an Thisapproval requires you to follow the any )tonal conditions listed below. X. " it? 1111 al Conditions of the Certification are: t Approved aPfp.„ , )ivision of water Quality Internet: h2o.enr.state.nc,us Mall Phone: 252-946-6481 FAX 252-946-9215 ~TDlle ative Action Employer- 50% Recycled/10% Post consumer Paper 1 v ~Olina li&i~lff T general The following impacts are hereby approved as long as all of he met r specif other impacts are conditions of this Certification (or isolated Wetland Permit) are approved including incidental impacts: A Plan Location or Reference Amount roved (Units na feet na Stream Plat provided with 404/CAMA Wetlands 0.31 (acres) a lication Waters na (acres na na Buffers na s care ft. 2. Erosion & Sediment Control Practices ecificati Erosion and sediment control practices must be in full compliance tewitth if such Best ns governing the proper design, installation and operation and Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures foothe project must be with the most recent viers on of the installed, operated, and maintained in accordance North Carolina Sediment and Erosion ControlPlanning and Design Manual. of the sediment and erosion b. The design, installation, operation, and maintenance control measures must be such that they equal, or ex e d ,t and requirements specified in the most recent version of the North Carolina Sed Erosion Control Manual. The devices shall be maintained on all construction leased borroro sites, and waste pile (spoil) projects, including contractor-owned or associated with the project. c. For borrow pit sites, the erosion and sediment control thmeasures e most recent be d version gnedthe installed, operated, and maintained in accordance North Carolina Surface Mining Manual. comply with the ion in d. The reclamation measures and implementation must ion Pollut on Cont of Acttand the accordance with the requirements of the Sedimentation Mining Act of 1971. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS-1, WS-11, High Quality (gI Q ) Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds 15A NCAC 04B .0124) supercede all other sediment and erosion control requirements. 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 Pre-Construction t ll A constructio activities, authorized by this written approval, including incidentalmpac of state and erosion coy rol including the design, installation, operation, and maintenance of sediment Best Management Practices, shall be performed so that no violations water qua standards, statutes, or rules occur. Barone Page 3 of 4 t 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 7. 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 0he 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- ' r,0. e,. ~,o Impacts to the Tar-Pamlico Riparian Buffer C e impacts shall occur to Tar-Pamlico Riparian Buffer (except for uses. and activities ted as "exempt" within 15A NCAC 02B .0259), unless otherwise approved by the y VV "-'he applicant/permittee and their authorized agents shall conduct all activities in a manner C rzsistent with State water quality standards (including any requirements resulting from _e with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being iding failure to sustain a designated or achieved use, or that State or Federal law is ' e,ing veolated, or that further conditions are necessary to assure compliance, then the D1 )n may reevaluate and modify this General Water Quality Certification. -tic my condition herein set forth may result in revocation of this Certification and may r, inal and/or civil penalties. The authorization to proceed with your proposed Barone Page 4 of 4 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 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 15A NCAC 02H..0500. 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, ~o een u ins Enclosures: Certificate of Completion GC 3704 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Doug Hugget, Morehead Office CAMA, WaRO DLR, WaRO File copy Central Files Wes Fryar, Land Management Group, Inc. PO Box 2522, Wilmington, NC 28402 Filename: 08-1006