20110741 Ver 1_Approval Letter_20110919

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 19, 2011
Mr. Darren Burrus
Post Office Box 642
Buxton, NC 27920
DWQ Project # 11-0741
Hyde County
Subject Property: Burrus Lot 3 and 4, Block E Wahab Village Annex, Ocracoke
. Pamlico Sound [ 030307, 29-(40.5), SA, HQW]
Approval of 401 Water Quality Certification (GC 3821) with Additional Conditions
and Determination for Applicability of Session Law 2011-394 to the Tar-Pamlico
River Riparian Area Protection Rules (15A NCAC 213 .0259)
Dear Mr. Burrus:
You have our approval, in accordance with the attached conditions and those
listed below, to place fill within or otherwise impact 0.10 acres of wetlands to
construct the proposed single family residence at the subject property, as
described within your application dated August 2, 2011 and received by the
N.C. Division of Water Quality (DWQ) on August 17, 2011. This Office has
determined that the application of the buffer rules precludes the building of a
single family residence and necessary infrastructure. Therefore, Section
17(c) of Session Law 2011-394 will be applied to the subject property.
After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3821 (GC 3821).
The Certification(s) allows you to use Nationwide Permit(s) 18 when 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, Non-discharge, and other 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaroliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Admially
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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:
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 Plan Location or
(Units) Reference
404/CAMA 0.10 (acres) fill PCN page 4 of 11
Wetlands
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. "Re-opener" Clause
NC Wildlife Resources Commission and its 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. NC Wildlife Resources Commission 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 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 the Division of Coastal 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
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be provided to Division of Coastal Management 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 Amy Adams of the Washington Regional Office at 252-948-3917 or
Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
1 i
For Coleen ?Wi&
Enclosures: Certificate of Completion
GC 3821
cc: 4010versight/Express Permitting Unit
Amy Chapman, DWQ WeBSCaPe Unit
josh Pelletier, USACE, Washington Regulatory Field Office
Doug Huggett, CAMA, Morehead City
David Moye, CAMA, Elizabeth City
File Copy
Filename: 11-0741 Burrus Lots 3-4 Block E Wahab Village Annex_3821_Approval/aa