HomeMy WebLinkAbout20080249 Ver 1_Compliance Inspection Letter_20130809NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A, Reeder John E. Skvarla, III
Governor Director Secretary
August 9, 2013
Mr. Steven J. Lewis
ON066 Pauley Square
Geneva, IL 60134
Subject: 401 Water Quality Certification Inspection
GC Sawyer Hunting & Fishing Lodge
DWR Project # 2008 -0249
Hog Quarter Creek [PAS54, 30 -1 -18; SC]
Dear Mr. Lewis:
On August 8, 2013, Anthony Scarbraugh of the Division of Water Resources (DWR) inspected a proposed
wetland and open water impacts associated with the construction of a bulkhead and pier at the subject
site located at 216 Hog Quarter Road in Powells Point, Currituck County. This project was inspected for
compliance with the General Water Quality Certification (GC) #3642 with Additional Conditions issued
on March 24, 2008 for the construction of a bulkhead and pier at the subject property,.
The GC approved impacts of 0.0262 acres of wetlands and 0.0157 acres of open water to complete your
project as described in your application received by DWQ on February 8, 2008.
The inspection revealed that the project has been completed. Impacts did not exceed beyond the
footprint of those approved. The inspection revealed that the inspected portion of this project is
currently compliant with the GC #3642.
As a reminder, 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 the Certification and
approval letter and is thereby responsible for complying with all conditions. Upon completion of all
work approved within the 401 WQC, and any subsequent modifications, the applicant is required to
return the enclosed certificate of completion to the 401 Oversight /Express Review Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC 27699 -1650. This
document can also be accessed through the DWR Wetlands, Buffers, Stormwater Compliance, and
Permitting Unit website at http: / /portal.ncdenr.org /web /wq /swp /ws /webscape.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 Fax: 919 - 807 -6492
Internet:: www.ncwaterguality.org
An Equal OpportunityWfirmative Action Employer
Mr. Steven J. Lewis
August 9, 2013
Page 2 of 2
Violations of any condition set forth in the Certification and Additional Conditions 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 water as depicted in your application and
as authorized by this Certification shall expire upon the expiration of the 404 or CAMA Permit.
Should you have any questions regarding these matters, please contact either Anthony Scarbraugh or
myself at (252) 946 -6481. ,
Sincerely,
arl', acl&�Q
Amy Adams, Regional Supervisor
DWR Water Quality Programs
Washington Regional Office
Enclosures: Approval Letter
GC 3642
Certificate of Completion
cc: WaRO File
Kyle Barnes, USACE Washington Regulatory Field Office
DWR Webscape Unit
of W A rE�9
O .r' G
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 24, 2008
DWQ Project # 08 -0249
Currituck County
Mr. Steven J. Lewis
ON066 Pauley Square
Geneva, IL -60134
Subject: General 401 Water Quality Certification #3642
GC Sawyer Hunting & Fishing Lodge
Hog Quarter Creek, Pasquotank River Basin
Dear Mr. Lewis:
The Washington Regional.Office received your application for a CAMA Major Permit from the Division of
Coastal Management on February 8, 2008. The impacts proposed are for constructing a bulkhead and pier with
1,141 ft' of 404 - wetland fill and 682 ft' of bottom shading as described in your application. This Certification can
also be found on line at: http: / /h2o.enr. state .nc.us /ncwetlands /certs.htm1. You are authorized to proceed with your
project as proposed under General Water Quality Certification (WQC) #3642 (enclosed). This Certification
allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. This written
concurrence from the Division of Water Quality (DWQ) requires that you can meet all of the conditions of the
General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or if there
are any additional impacts to wetlands or water quality not described in your application, you must contact
this office immediately.
If you have any questions concerning this matter, please contact Roberto Scheller of this Office at (252) -948-
3940.
Enclosure: GC 3642 - .
Certification of Completion -
cc: Ian McMillan, DWQ 401 Oversight Unit
USACE, Washington Field Office
Frank Jennings, CAMA, Morehaed City Office
Central Files
WaRO
North Carolina Division of Water Quality Internet: www.ncwaterguality.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
mcerely,
AI-Ho u erv7sor --
Division of Water Quality
Surface Water Protection
Washington Regional Office
NorthCarolina
- Natura4
WQC #3642
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS
198000291 198000048, 198700056,197800080, 197800125, and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3 12 14 18 27 29, 33, 35, 39, and 43, WHEN APPLIED
TO CAMA PERMITS AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re- authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143- 215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and /or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for ,
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and /or constructed
before any permanent building or structure on site is occupied. In the case of public
WQC #3642
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS -1 and WS -II unless the project is a linear, publicly
funded transportation project, which has a 150 -foot per- stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar - Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 26.0200. New development activities located in the protected 50 -foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar -
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 213 .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt' from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual' or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site = specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non - compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and /or civil
penalties.
WQC #3642
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
au��
Alan W. Klimek
Director
WQC # 3642
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification, and any subsequent modifications,
the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of
Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR by the
applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification, the approved plans and specifications, and other
supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification, the approved plans and specifications, and other
supporting materials.
Signature
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence 'was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification, the approved plans and specifications, and
other supporting materials.
Signature: Registration No. Date