HomeMy WebLinkAbout20111019 Ver 1_Approval Letter_20111212NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Craig Shoaf
1512 Gbrien Circle
Wake Forest NC 27587
Coleen H. Sullins
Director
December 12, 201 1
Dee Freeman
Secretary
DWQ Project # 11 -1019
Beaufort County
Subject Property: Big Bear Properties
Slade Guf /Fulton Gut [TAR07 29-19-9-4; SC, NSW]
Approval of 401 Water Quality Certification (GC3641) and Authorization Certificate per
the Tar- Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional
Conditions
Dear Mr. Shoaf:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.28 acres of wetlands and 0.28 acres of
Tar - Pamlico Riparian Buffers (6,412 ft2 of Zone 1 and 5,996 ft2 of Zone 2) for the purpose
of installing a road crossing and restoring a 2,919 ft2 existing crossing at the subject
property, as described within your LAMA Major application dated October 19, 2011
and received by the N.C. Division of Water Quality (DWQ) on November 17, 2011. The
impacts described in your application are covered by General Water Quality
Certification Number(s) 3641 (GC3641). This Certification(s) is issued in conjunction with
the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps
of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when
the Division of Coastal Management issues it. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0259. 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 LAMA. 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 LAMA Permit.
North Carolina Division of Water Quality Internet: w"wnewaterquality_.org
943 Washington Square Mall Phone: 252 - 946 -6481
Washington, NC 27889 FAX 252- 946 -9215
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This approval is for the purpose and design that you described in your application. Plans
and specifications for this project are incorporated by reference and are enforceable
parts of this permit. 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:
2. Water Quality certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Com ensato Mifi ation- Final Plan Needed
A final compensatory mitigation plan must be approved in writing by this Office
before any of the impacts approved herein are conducted. Additionally, the
compensatory mitigation plan must be completely constructed and implemented
according to the plans approved by this Office before any permanent building or
road associated with the project is occupied or opened. The mitigation must be
maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Proof of recorded
conservation easement must be provided to this Office within 30 days of recording.
Any repairs or adjustments to the mitigation site must be made according to the
approved plan or must receive written approval from this Office to make the repairs
or adjustments.
Amount Approved (Units)
Plan Location or
Reference
Stream
feet
404 wetlands
0.23 acres
CAMA Ma'or A lication
Wafers
acres
Buffers
6,412 (square ft.- Zone 1)
5,996 _(square ft.- Zone 2
LAMA Major Application
2. Water Quality certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Com ensato Mifi ation- Final Plan Needed
A final compensatory mitigation plan must be approved in writing by this Office
before any of the impacts approved herein are conducted. Additionally, the
compensatory mitigation plan must be completely constructed and implemented
according to the plans approved by this Office before any permanent building or
road associated with the project is occupied or opened. The mitigation must be
maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Proof of recorded
conservation easement must be provided to this Office within 30 days of recording.
Any repairs or adjustments to the mitigation site must be made according to the
approved plan or must receive written approval from this Office to make the repairs
or adjustments.
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4. Diffuse Flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the
protected stream buffers and will not re- concentrate before discharging into the
stream as identified within 15A NCAC 213 .0259(5)
5. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross
section dimensions, pattern, and longitudinal profile) must be maintained above
and below locations of each culvert. Culverts shall be designed and installed to
allow for aquatic life movement as well as to prevent head cutting of the streams. If
any of the existing pipes are or become perched, the appropriate stream grade
shall be re- established or, if the pipes installed in a perched manner, the pipes shall
be removed and reinstalled correctly.
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.
Installation of culverts in wetlands must ensure continuity of water movement and
be designed to adequately accommodate high water or flood conditions.
6. Wetland Monitorin�lc
Physical monitoring of wetlands for instability, eroding, sloughing, subsidence,
collapse, and/or removal of the hydrology of wetlands (monitoring
frequency- annual) is required for a period of five years. This monitoring may
be accomplished by visual inspection of the wetland areas.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place at the
time lots or properties are recorded. A sample deed notification can be
downloaded from the 401 /Wetlands U nit web site at:
http: //h2o.enr. state. nc. us /ncwetiands /documents /wet- buf_compl.pdf. The text of
the sample deed notification may be modified as appropriate to suit to this project.
All Deed Notifications shall include the following paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity
shall fill, grade, excavate, or perform any other land disturbing activities; nor cut,
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remove, or harm any vegetation; nor construct any structures or add any additional
impervious surfaces, on such protected areas without written authorization from the
Division of Water Quality (DWQ) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 213 .0259). This covenant is intended to ensure continued
compliance with authorizations issued by the State of North Carolina, Division of
Water Quality, DWQ Project Number 03 -1 030, and therefore may be enforced by
the State of North Carolina. This covenant is to run with the land, and shall be
binding on the owner, and all parties claiming under it."
S. Re- opener clause
Big Bear Properties, LLC 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. Big Bear Properties,
LLC 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 Big Bear Properties, LLC 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 Big Bear Properties, LLC
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.
9. 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.
00M
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
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 Ian McMillan of the Wetlands,
Buffers, Stormwater and Compliance Unit at 919-807-6364.
incerply,
For Cale F ns
Enclosures: Certificate of Completion
GC 3641