HomeMy WebLinkAbout20071989 Ver 2_Approval Letter_20120507Beverly Eaves Perdue
Governor
Mr. Martin Cieszko
Post Office Box 690
Havelock, NC 28532
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
May 7, 2012
Dee Freeman
Secretary
DWQ Project # 07 -1989 Ver. 2
Craven County
Subject Property: Renewal for Approval of 401 Water Quality Certification with Additional Conditions
2.028 Acre Lot, Tax ID # 6- 216 -018, Cieszko Commercial Development
Neuse River Basin, Slocum Creek (NEU -10, 27 -112; NSW, SC, Sw)
Dear Mr. Cieszko:
This approval is for renewal of your expired General Certification 3705 (GC 3705) issued on January 16, 2008. The
General certification 3705 has been replaced with General Certification 3821 (GC 3821). Please read all conditions of
this new certification as conditions within the permit may have changed. You have our approval, in accordance with the
attached conditions and those listed below, to place fill within or otherwise impact 0.49 acres of wetlands for the purpose
of commercial construction at the subject property, as described within your application dated November 16, 2007 and
your revised PCN dated May 1, 2012 and received by the N.C. Division of Water Quality (DWQ) on May 3, 2012. After
reviewing your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) 39 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 Riparian Buffer 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 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:
North Carolina Division of Water Quality Internet: www.newaterquality_org
943 Washington Square Mall Phone: 252- 946 -6481
Washington, NC 27889 FAX 252- 946 -9215
An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
NorthCarolina
Naturally
Mr. Martin Cieszko
May 7, 2012
Page 2 of 3
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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA,
WS -I, WS -Il, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion
control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supersede all other sediment and erosion control requirements.
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 and authorized by this written approval, including incidental
impacts. 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 without prior approval by DWQ. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in dies - equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the
project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact
prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices
from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and
Amount Approved (Units)
Plan Location or Reference
Stream
feet
404 /CAMA Wetlands
0.49 (acres)
Site #1
Waters
acres
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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA,
WS -I, WS -Il, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion
control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supersede all other sediment and erosion control requirements.
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 and authorized by this written approval, including incidental
impacts. 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 without prior approval by DWQ. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in dies - equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the
project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact
prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices
from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and
Mr. Martin Cieszko
May 7, 2012
Page 3 of 3
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water.
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.
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.
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 Ian McMillan Central Office in Raleigh at 919- 807 -6364 or Roberto Scheller in the DWQ
Washington Regional Office at 252- 948 -3940.
Sipcerely,
Al Hodge /Supervisor
Division of Water Quality
Washington Regional Office
Enclosures: GC 3821
Certificate of Completion
cc: C.T. Clayton Sr., P.E., Inc., 46 West Washington St., Coats, NC 27521
USACE Washington Regulatory Field Office
DLR Washington Regional Office
DWQ 401 Oversight/ Express Unit
File Copy