19970073 Ver 1_Complete File_19971008

State of North Carolina
Department of Environment, ATI9?F'J
Health and Natural Resources MJ
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary C) E H N F-I
A. Preston Howard, Jr., P.E., Director
October 8, 1997
Town of Waccamaw
Post Office Box 145
Lake Waccamaw, NC 28450
Dear Sir,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed drainage ditch modifications
WQC Project #970073 COE #199701176
Columbus County
Attached hereto is a copy of Certification No. 3154 issued to Town of Waccamaw
dated October 8, 1997. This Certification replaces the one issued on August 29,1997.
If we can be of further assistance, do not hesitate to contact Mr. John Dorney at 919-
733-1786.
Sincerely,
Attachments
Howard, Jr. P IF.
U-
970073wqc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Mr. Greg Walker, Cape Fear Resource Conservation & Dev., Inc.
Division of Water Quality • Non-Discharge Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to the Town
of Waccamaw resulting in 2.5 acres of wetland impact in Columbus County pursuant to an
application filed on the 27th day of January, 1997 to modify drainage ditches
The application provides adequate assurance that the discharge of fill material into the
waters of Lake Waccamaw in conjunction with the proposed development will not result in
a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice or as modified below. If you change your
project, you must notify us and you may be required to submit a revised application. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed below. In addition, you should
get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and
Water Supply watershed regulations.
Condition(s) of Certification:
1. 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"
(available from the Division of Land Resources in the DEHNR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in
trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method
of mitigation (restoration, enhancement, creation and preservation) within 30 days
after the 404 is issued and annual reports for the entire length of the monitoring period.

6. In your 7 July 1997 letter, you agreed to participate in the Wetland Restoration
Program to compensate for the wetland stream impacts from your project. In
accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC
2H .0506(h), 2.75 acres of restoration will be required. until the Wetland Restoration
Program receives and clears your check (made payable to DEHNR - Wetland
Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should
be contacted at 919-733-5083 ext. 358 if you have any questions concerning the
Wetland Restoration Program. You have until December 6, 1997 to make this
payment. For accounting purposes, this Certification authorizes the fill
of 0.3 acres of riparian wetlands and 2.2 acres of non-riparian
wetlands, in 030756 river and subbasin and 2.75 acres of restoration
are required. Please be aware that the wetland Restoration Program
(WRP) rules require rounding of acreage amounts to the nearest one-
quarter acre (15A 2R .0503(b)).
7. During the ditch excavations, all pipes that are broken or exposed must be reported
to Mr. Rick Shiver [phone] within 24 hours of contact.
8. A management plan for the sediment basin must be sent to DWQ for written
approval prior to work in wetlands or waters. This management plan will explain how
and when the basin will be cleaned of sediment/debris and where the disposal area will
be.
Violations of any condition herein set forth shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
and/or coastal Area Management Act Permit. This Certification shall expire upon expiration
of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification,
you have the right to an adjudicatory hearing on the modifications upon written request
within sixty (60) days following receipt of the Certification. Unless such demands are
made, this Certification shall be final and binding.
This the 8th day of October, 1997
DIVISION OF WATER QUALITY
f
ston oward, J .E.
WQC 3154
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
??; DIVISION OF WATER QUALITY
NCDENR
JAMES B. HUNTJR.
GOVERNOR
WAYN6 McDEv17T
SECRETARY
KERR T. STEVENs
DIRECTOR
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
October 4, 1999
Certified Mail
Return Receipt Requested
Town of Waccamaw
P.O. Box 145
Lake Waccamaw, NC 28450
Subject: Notice of Violation
Enforcement Action Recommendation
401 Certification
Wetland Restoration Payment
Project # 970073
Columbus County
Dear Sir:
When impacts to wetlands and/or waters exceed certain threshold
amounts, compensatory mitigation is a condition of the 401 Water Quality
Certification issued by the North Carolina Division of Water Quality. This
Certification, with its stipulated conditions, is issued to ensure that impacts
such as those detailed in your application do not degrade or impair surface
waters.
On October 8, 1997, a 401 Water Quality Certification was issued to
the Town of Waccamaw (see attachments). This Certification is required
before impacts to waters or wetlands occur. Further, failure to comply with
conditions as set forth in the 401 Certification constitutes violations of the
Clean Water Act (Section 401 and 404).
Accordingly, the Wetlands/401 Unit has reviewed both your October
8, 1997, 401 Certification and records from the Wetland Restoration
Program. This review indicates that the 401 Certification issued for this
project was conditioned upon mitigation for 2.75 acres of wetlands. The
401 Certification also stated the following: that if you do not accept any of
the conditions of this certification, within 60 days, you may ask for an
adjudicatory hearing. A review of DWQ records indicates that that no
hearing request was received.
The Wetland Restoration Program records indicate that an invoice
detailing the required payment to the restoration fund was mailed to the
applicant on January 14, 1998. As calculated by the Wetland Restoration
Program, the total wetland restoration amount required to have been paid
was $39,000. In violation of the 401 Water Quality Certification, no
wetland restoration payment for this project has been received. A wetland
mitigation payment of $39,000 must be immediately mailed to the Wetland
Restoration Program at the following address: NCDENR - Division of
Water Quality Wetlands Restoration Program, 1619 Mail Service Center
Raleigh, NC 27699-1619.
The failures to provide payment are violations of your 401 Certification.
These violations and future violations are subject to a civil penalty
assessment (in addition to the mitigation payment) of up to $25,000 per day
for each violation.
Please respond to this Office in writing within 15 days of your receipt
of this notice. Please clearly detail why the required payment to the
Wetland Restoration Program has not been forwarded. Please clearly state a
date when the Wetland Restoration Program will receive the required
payment. The 401/Wetland staff is considering an Enforcement Action
Recommendation regarding this matter. Your written response will be
considered in the decision making process. Please submit this response to
Mr. Danny Smith, 401/Wetland Unit, Division of Water Quality, 1621 mail
Service Center Raleigh, NC 27699-1621. If you have any questions please
contact Mr. Danny Smith at [phone].
Sincerely,
Kerr T. Stevens
c:\mitnov-wac
cc: Wilmington Regional Office
Wilmington District Corps of Engineers
401/Wetlands Unit - Danny Smith
Wetland Restoration Group - Ron Ferrell
Central Files
State of North Carolina IT4 KMAI
Department of Environment,
Health and Natural Resources i •
Division of Water Quality
James B. Hunt, Jr., Governor Nam
Wayne McDevitt, Secretary p E F---1 N FI
A. Preston Howard, Jr., P.E., Director
October 8, 1997
Town of Waccamaw
Post Office Box 145
Lake Waccamaw, NC 28450
Dear Sir,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed drainage ditch modifications
WQC Project #970073 COE #199701176
Columbus County
Attached hereto is a copy of Certification No. 3154 issued to Town of Waccamaw
dated October 8, 1997. This Certification replaces the one issued on August 29,1997.
If we can be of further assistance, do not hesitate to contact Mr. John Domey at 919-
733-1786.
Sincerely,
Attachments
?L-;?bj LALA
Howard, Jr. P
970073wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Mr. Greg Walker, Cape Fear Resource Conservation & Dev., Inc.
Division of Water Quality - Non-Discharge Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
i
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to the Town
of Waccamaw resulting in 2.5 acres of wetland impact in Columbus County pursuant to an
application filed on the 27th day of January, 1997 to modify drainage ditches
The application provides adequate assurance that the discharge of fill material into the
waters of Lake Waccamaw in conjunction with the proposed development will not result in
a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice or as modified below. If you change your
project, you must notify us and you may be required to submit a revised application. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed below. In addition, you should
get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and
Water Supply watershed regulations.
Condition(s) of Certification:
1. 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"
(available from the Division of Land Resources in the DEHVR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in
trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method
of mitigation (restoration, enhancement, creation and preservation) within 30 days
after the 404 is issued and annual reports for the entire length of the monitoring period.

6. In your 7 July 1997 letter, you agree o participate in the Wetland Restoration
Program to compensate for the wetland : ;am impacts from your project In
accordance with 15A NCAC 2R.0500, S contribution will satisfy our compensatory
mitigation requirements under 15A NCJ: . 2H.0506(h). According to 15A NCAC
2H .0506(h), 2.75 acres of restoration w be required. until the Wetland Restoration
Program receives and clears your check ( ade payable to DEHNR - Wetland
Restoration Program), wetland or streazr : U shall not occur. Mr. Ron Ferrell should
be contacted at 919-733-5083 ext. 358 i .,ou have any questions concerning the
Wetland Restoration Program You have . ntil December 6,1997 to make this
payment. For accounting purposes f_his Certification authorizes the fill
of 0.3 acres of riparian wetlands . ,4d 2.2 acres of non-riparian
wetlands, in 030756 river and su ?. : Basin and 2.75 acres of restoration
are required. Please be aware tha, rthe wetland Restoration Program
(WRP) rules require rounding of i, .? eage amounts to the nearest one-
quarter acre (15A 2R .0503(b)).
7. During the ditch excavations, all pipe that are broken or exposed must be reported
to Mr. Rick Shiver [phone] with., 24 hours of contact
8. A management plan for the sediment ;asin must be sent to DWQ for written
approval prior to work in wetlands or w, Ts. This management plan will explain how
and when the basin will be cleaned of sec' ? ment/debris and where the disposal area will
be.
Violations of any condition herein set fo---.i shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
and/or coastal Area Management Act Permit :his Certification shall expire upon expiration
of the 404 or CAMA permit
If this Certification is unacceptable to yo you have the right to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifh: ations are made to an original Certification,
you have the right to an adjudicatory hearing e;:i the modifications upon written request
within sixty (60) days following receipt of the C'ertification. Unless such demands are
made, this Certification shall be final and binding.
This the 8th &v of October, 1997
DIVISION OF `"ATER QUALITY
ston -j oward, J E.
WQC 3154
State of North Carolina
Department of Environment, IILVI?V?
Health and Natural Resources 4 • •
Division of Water Quality
C
James B. Hunt, Jr., Governor C) C
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 8, 1997
Town of Waccamaw
Post Office Box 145
Lake Waccamaw, NC 28450
Dear Sir,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed drainage ditch modifications
WQC Project #970073 COE #199701176
Columbus County
Attached hereto is a copy of Certification No. 3154 issued to Town of Waccamaw
dated October 8, 1997. This Certification replaces the one issued on August 29,1997.
If we can be of further assistance, do not hesitate to contact Mr. John Dorney at 919-
733-1786.
Sincerely,
Attachments
Howard, Jr. P
970073wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Mr. Greg Walker, Cape Fear Resource Conservation & Dev., Inc.
Division of Water Quality • Non-Discharge Branch
50% rrecycled/10% e po919--1 st consumer paper 733-9959
Sciences Branch, Affirmative Creek
Action Employer , NC 27607
An Equal Opportunity

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to the Town
of Waccamaw resulting in 2.5 acres of wetland impact in Columbus County pursuant to an
application filed on the 27th day of January, 1997 to modify drainage ditches
The application provides adequate assurance that the discharge of fill material into the
waters of Lake Waccamaw in conjunction with the proposed development will not result in
a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice or as modified below. If you change your
project, you must notify us and you may be required to submit a revised application. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed below. In addition, you should
get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and
Water Supply watershed regulations.
Condition(s) of Certification:
1. 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"
(available from the Division of Land Resources in the DEHNR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in
trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method
of mitigation (restoration, enhancement, creation and preservation) within 30 days
after the 404 is issued and annual reports for the entire length of the monitoring period.
6. In your 7 July 1997 letter, you agreed to participate in the Wetland Restoration
Program to compensate for the wetland stream impacts from your project. In
accordance with 15A NCAC 2R .0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC
2H .0506(h), 2.75 acres of restoration will be require& until the Wetland Restoration
Program receives and clears your check (made payable to DEHNR - Wetland
Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should
be contacted at 919-733-5083 ext. 358 if you have any questions concerning the
Wetland Restoration Program You have until December 6, 1997 to make this
payment. For accounting purposes, this Certification authorizes the fill
of 0.3 acres of riparian wetlands and 2.2 acres of non-riparian
wetlands, in 030756 river and subbasin and 2.75 acres of restoration
are required. Please be aware that the wetland Restoration Program
(WRP) rules require rounding of acreage amounts to the nearest one-
quarter acre (15A 211 .0503(b)).
7. During the ditch excavations, all pipes that are broken or exposed must be reported
to Mr. Rick Shiver [phone] within 24 hours of contact.
8. A management plan for the sediment basin must be sent to DWQ for written
approval prior to work in wetlands or waters. This management plan will explain how
and when the basin will be cleaned of sediment/debris and where the disposal area will
be.
Violations of any condition herein set forth shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
and/or coastal Area Management Act Permit This Certification shall expire upon expiration
of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification,
you have the right to an adjudicatory hearing on the modifications upon written request
within sixty (60) days following receipt of the Certification. Unless such demands are
made, this Certification shall be final and binding.
This the 8th day of October, 1997
DIVISION OF WATER QUALITY
*-s InH 'ow ar dJ E.
WQC 3154
Wetlands Tracking ; ` 61$
Facility Name TOWN OF WACCAMAW - STORMWATER I
Project Number 97 0073
Project Type purpose of SED.BASIN/WIDE CANAL I County COLUMBUS
Location Lake Waccamaw I County2
Received From COE COE ID # 19970117 Region Wilmington
Received Date February 3, 1997 COE Susp Date 2/21/97 Reg. Contact ?J
Sent to Region Date 2/10/97 DCM Susp Date 1/27/97 APPLICATION FEE INFO
Rcvd Region Date 8/29/97 TIP Number Payment Date
Last Action Date August 29, 1997 More Info Requested Amount Paid
Last Action ISSUE WQC J More Info Received Payor
Latitude (ddmmss) 341832 Mitigation ? Y Check #
Longitude (ddmmss) 783003

?t'tl??t88
Stream 1
Area Area Length Length
(acres)
)
Permit ` Wetland Wetland

u Score
Cert
Type Type Impact Stream Class Wetlan
Subbasin
Index Prim. Supp. Class (acres) (feet) ' (feet)
d
Req.
Appr. Req. Appr.
IND 3154 SWF 4D Y O N 0 15-2 B I Sw 030756
1 i JOY ON I i i
Total for 401: so
WRP
Project Wetland
Number ' Type
Restore
Total Mitigation:
Wetland
Class
2.75
Mitigation
Completion Subbasin
Acres Feet Date
2.751 1
Peren
nial
f
Ak
Impacts (ft.)
Inter-
mittent
C
01
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Water Quality
James B. Hunt, Jr., Governor A?A??
Wayne McDevitt, Secretary C) E H N F1
A. Preston Howard, Jr., P.E., Director
August 29, 1997
Town of Waccamaw
P.O. Box 145
Lake Waccamaw, NC 28450
Dear Sir,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed drainage ditch modifications
WQC Project #970073, COE #199701176
Columbus County
Attached hereto is a copy of Certification No. 3154 issued to the Town of Waccamaw dated
29 August, 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Pr on How , Jr. P.E.
Attachments
970073.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmin op pWQ Regional Office
IC?1Ot"tity'
Mr. John Parker, Division of Coastal Management
Central Files
Mr. Greg Walker, Cape Fear Resource Conservation & Dev., Inc.
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedy Creek Rd.. Raleiah. NC 27607 Telephone [phone] FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to the Town of Waccamaw
resulting in 2.5 acres of wetland impact in Columbus County pursuant to an application filed on
the 27th day of January, 1997 to modify drainage ditches.
The application provides adequate assurance that the discharge of fill material into the waters
of Lake Waccamaw in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. 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" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all
lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method of
mitigation (restoration, enhancement, creation and preservation) within 30 days after the
404 is issued and annual reports for the entire length of the monitoring period.
6. In your 7 July 1997 letter, you agreed to participate in the Wetland Restoration Program to
compensate for the wetland stream impacts from your project. In accordance with 15A
NCAC 2R.0500, this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2H.0506(h). According to 15A NCAC 2H.0506(h), 2.75 acres of
restoration will be required. Until the Wetland Restoration Program receives and clears
your check (made payable to: DEHNR - Wetland Restoration Program), wetland or stream
fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you
have any questions concerning the Wetland Restoration Program. You have one month
from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 0.3 acres of riparian wetlands and
2.2 acres of non-riparian wetlands, in 030756 river and subbasin and 2.75
acres of riparian restoration are required. Please be aware that the wetland
Restoration Program (WRP) rules require rounding of aceage amounts to
the nearest one-quarter acre (15A 2R .0503(b)).
7. During the ditch excavations, all pipes that are broken or exposed must be reported to Mr.
Rick Shiver [phone] within 24 hours of contact.
8. A management plan for the sediment basin must be sent to DWQ for written approval
prior to work in wetlands or waters. This management plan will explain how and when
the basin will be cleaned of sediment/debris and where the disposal area will be.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 29th day of August, 1997
DIVISION OF WATER QUALITY
WQC #3154
Jr.