HomeMy WebLinkAbout20120173 Ver 1_Approval Letter_20120417Az4a,
DENR
North Carolina Department of Environment and Natural Resources
Beverlv Eaves Perdue
Governor
Mr Richard Edsall
375 Gristmill Drive
Basking Ridge NJ 07620
Division of Water Quality
('harles Wakild P E
Director
April 17 2012
Dee Freeman
Secretary
Re Richard Edsall — Lighthouse Di ive CurritLck County
DWQ Project # 2012 0173 USACE Action ID SAW 2012 00186
Atlantic Ocean (030155 99 (7) SB)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Edsall
Attached hereto is a copy of Certification No 3914 issued to Mr Edsall dated April 17 2012 In
addition you should get any other federal state or local permits before you go ahead with your project
including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Non discharge
and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
7 Sm ly
1hdv
Charles Wakild P E
CW/kah/ym
Attachments Certificate of Completion
cc Jeff Garnett EPA Sam Nunn Federal Center 61
George Wood Environmental Professionals Inc
Kyle Barnes — Washington District USACOE
File Copy
Amy Adams DWQ Washington Regional Office
DLR Washington Regional Office
1617 Mad Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 -807 63001 FAX 919 -807 64921 Customer Service 1877-623 6748
Internet www ncwaterouality ong
An Equal Opportunity 1 Affirmative Action Employer
Forsyth Street SW Atlanta, GA 30303
P O Box 3368 Kill Deved Hills NC 27948
Filename 120173RichardEdsallLighthouseDrive (Cumtuck)401_IC
Non1 thCarohna
Natmrallff
2
Richard Edsall — Lighthouse Drive
Curntuck county
2012 0173
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity witn the requirements of Section 40 i Public i.aws 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 Mr Richard Fdsall Li C to fill or otherwise impact 0 16
acres of wetland to provide adequate setbacks for sewage disposal system for a residential structure and
parking to be constructed at the site which is located adjacent to the ocean at 912 lighthouse Drive in the
Whalehead Club Subdivision near the town of Corolla, Cumtuck County North Carolina pursuant to an
application filed on the 24th day of February of 2012 and received by the DWQ on February 28 2012 and
bj P„bl- Not ce issued b j the US ACE or >~eb -Lan 13 2012 and ecei ed b, the DWQ on Febriia- 13
2012
The application and supporting documentation provides adequate assurance that the proposed work 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 the
supporting documentation and conditions hereinafter set forth
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and the Division of Coastal Management Application If the project is
changed prior to notification a new application for a new Certification is required If the property is sold
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification Any new owner must notify the Division and request
the Certification be issued in their name Should wetland or stream fill be requested in the future
additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7)
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces the DWQ shall be notified in writing and a new application for 401
Certification may be required For this approval to be valid compliance with the conditions listed below
is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are
approved including incidental impacts
Type of Impact
Amount Approved nits
Plan Location or Reference
404/401 Wetlands
0 16 acres
Application
Sediment and Erosion Control
2 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
3
Richard Edsall — Lighthouse Drive
Cumtuck County
2012 0173
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 C,ontrot Manual Tile devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) protects
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 u +b the rew -e p-nts of the Sed meptat op Poll -tion Control Act
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres] full compliance
with permit conditions including the sedimentation control plan self monitoring record keeping
and reporting requirements are required A copy of this permit and monitoring report forms may
be found at http / /portal ncdenr org /web /wg /ws /su/construction,
4 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 4041401 Permit Application 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
5 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
Continuing Compliance
6 Mr Richard Edsall shall conduct construction 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 If the
Division 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 the Division 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
the Division shall notify Mr Richard Edsall the US Army Corps of Engineers and provide
public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for a public
hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be
provided to Mr Richard Edsall 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
4
Richard Edsall — Lighthouse Drive
Currituck County
2012 0173
Other Conditions
7 tiny final construction plans for tors project must include or reference the application ana plans
approved by the DWQ under this authorization letter and certification
8 A Coastal Stormwater Management Plan (SMP) if applicable must be approved and a copy of
the approved letter and approved SMP must be submitted before any impacts authorized under
this 401 Water Quality Certification may occur
U Upop co- pletion of the Protect the appl, cant shall co —plete and returp the a iclosed
Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401 /Wetlands Unit of the Division of Water Quality
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 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 6714 Mail Service Center Raleigh
N C 27699 6714 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 17th day of April 01
DIVI N O WA R ITY
Charles Wakild P E
CW/kah/ym
3914