HomeMy WebLinkAbout20110153 Ver 1_Approval Letter_20110318PRA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 18, 2011
DWQ Project # 11-0153
Currituck County
Tab Winborne Corporation
Mr. Tab Winborne
2832 West Gibbs Road
Virginia Beach, VA 23457
Subject Property: Properties Located off Wild Horse Lane
Pasquotank River Basin, Knots Island Bay (PAS 54, 30-1-1; SC)
Approval of 401 Water Quality Certification (GC 3641) with Additional Conditions
Dear Mr. Winborne:
You have our approval, in accordance with the attached conditions and those listed below
to impact 5,301.3 square feet at Site 1 and 8,982 square feet at Site 2 of man made canal
bottom by dredge as described within your CAMA Major Development Permit
application dated February 10, 2011 and received by the N.C. Division of Water Quality
(DWQ) on February 14, 2011. After reviewing your application we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3641 (GC3641).
This Certification(s) issued in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). 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, and Non-discharge 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 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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: 252-946-6481 one
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
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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 (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands (acres)
Waters 0.327 (acres) Sheet C-1
Buffers (square ft.)
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.
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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 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.
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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
6. All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of waters from fuels, lubricants, hydraulic
fluids, or other toxic materials.
7. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums
prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife
Service, and National Marine Fisheries Service.
8. Re-opener" Clause
Tab Winborne Corporation, Mr. Jason Weeks and authorized agents shall conduct its
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act)
and any other appropriate requirements of State law and federal law. The permittee
shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or
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achieved use) or that State or federal law is being violated, or that further conditions
are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H,.0507(d). Before
modifying the certification, DWQ shall notify Division of Costal Management and
the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to permittee in
writing, shall be provided to the United States Army Corps of Engineers for reference
in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
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 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. If you have any questions, please telephone Roberto Scheller of the
Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
6cere
For Coleen - ins
Enclosures: Certificate of Completion
GC 3641
cc: 401 Oversight/Express Permitting Unit
Raleigh Bland, USACE, Washington Regulatory Field Office
Doug Hugget, CAMA, Morehead City
Ron Renaldi, CAMA, Elizabeth City
File Copy