20110624 Ver 1_More Info Letter_20110815

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CCD NR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 15, 2011
Eric Griggs
PO Box 226
Knotts Island NC 27950
Subject Property: Bay Point Farms Drive, Knotts Island
Knotts Island Bay [PAS54 30-1-1; SC]
Dear Mr. Griggs,
Natural Resources
Dee Freeman
DWQ Project # 11-0624
Currituck County
The Approval issued to you on August 11, 2011 inadvertently listed the wrong General Certification
number in the header listing. The August 11, 2011 letter listed "Approval of 401 Water Quality
Certification (GC3641) with Additional Conditions" which should have stated "Approval of 401 Water
Quality Certification (GC3820) with Additional Conditions."
Please find attached your corrected Approval letter.
Sincerely,
Amy Adams
Environmental Senior Specialist
Wetlands and Stormwater Unit
Washington Regional Office
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper )Vahlrally
:47
NCDENR
North Carolina Department of Environment and
. Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
August 15, 2011
Natural Resources
Dee Freeman
DWQ Project # 11-0624
Currituck County
Eric Griggs
PO Box 226
Knotts Island NC 27950
Subject Property: Bay Point Farms Drive, Knotts Island
Knotts Island Bay [PAS54 30-1-1; SC]
Approval of 401 Water Quality Certification (GC3820) with Additional Conditions
Dear Mr. Griggs:
You have our approval, in accordance with the attached conditions, to place fill material
within or otherwise impact 0.165 acres of waters to construct a residential access road as
described in your application received by the Division of Water Quality (DWQ) Wetlands,
Buffers, Stormwater, Compliance and Permitting (WBSCP) Unit on July 7, 2011. The Division of
Water Quality (DWQ) General Water Quality Certification Number 3820 covers these water
impacts. This Certification allows you to use Nationwide Permit 14 when issued by the US Army
Corps of Engineers .(U.SACE)_,in addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and CAMA. 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 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:
North Carolina Division of Water Quality Internet: www.ncwater ua[i .or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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NorthCarolina
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Page 2 of 4
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 0.165 (acres) Plat included with
Application
Waters acres
Buffers (square ft.
2. Compensatory Mitigation Using „a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you intend to purchase credits from the Great Dismal
Swamp Mitigation Bank in Chesapeake, Virginia as described in your application to
meet this mitigation requirement. This contribution has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the Great
Dismal Swamp Mitigation Bank receives and clears your check, and proof of
payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes
_ pay_ment_ into __fhe.. Great _ Dismai .Swamp _Mitigation Bank _to _
meet the following compensatory mitigation requirement:
Type of
Im act Compensatory Mitigation
Required Hydrologic Unit
Code
Stream (feet)
Wetlands 0.165 Non-ri arian acres 03010205
Waters (acres)
Riparian
Buffer (square feet)
4. 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.
M
Page 3 of 4
3. 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.
4. Placement of Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or streambeds or banks, adjacent to or upstream and downstream of the above structures.
The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
5. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3641.
6. Re-opener Clause
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance 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 met, including failure to sustain a designated or achieved use, or that
State or Federal law is being violated, or that further conditions are necessary to assure
compliance, then the Division may reevaluate and modify this General Water Quality
Certification.

Page 4 of 4
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 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.
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
water 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 150E 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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC
2B.0259. If you have any questions, please telephone Amy Adams of the Washington Regional
Office at 252-948-3917 or Karen Higgins of the WBSCP Unit at 919-807-6360.
rely
For Coleen H.
Enclosures: Certificate of Completion
GC 3820
cc: Kyle Barnes, Corps of Engineers Washington Regulatory Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Huggett, Morehead District Office
DCM, Frank Jennings, Elizabeth City District Office
DLR, Pat McClain, WaRO
Robert Daniels 15351 Abner Church Rd. Glen Allen VA 23059
File copy
Filename: 11-0624_BoyPoint 3820_Approval/aa