20080932 Ver 2_Approval Letter_20080821

O?OF W ATF90G
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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
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
August 21, 2008
DWQ Project # 08-0932 Ver.2
Beaufort County
Mr. Terry Setzer
Generations Land Companies, LLC
1998 Hendersonville Road, Suite 11
Asheville, NC 28803
Subject Property: Tuscarora Subdivision, Southwest of Hwy. US 264 and Cherry Run
Creek (Tax PIN #01031844)
Cherry Run, Tranters Creek, Tar-Pamlico River Basin
Approval for Reissue of 401 Water Quality Certification with Additional Conditions
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.068 acres of wetlands and 18 linear feet of streams for the
purpose of road way construction for subdivision development at the subject property, as
described within your application dated March 31, 2008 and received by the N.C. Division of
Water Quality (DWQ) on July 23, 2008. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps
of Engineers (USACE). This Office was notified on August 19, 2008, by Mr. David Shaffer
with USACE, Washington Field Office, that the Nationwide permit for the subject project was
changed from a Nationwide 29 to a Nationwide 18; therefore, this Water Quality Certification is
being reissued. 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 Tar-Pamlico Riparian Buffer regulations.
Enclosed with this certification is a copy of deed notification language for properties affected by
the Tar-Pamlico Riparian Buffers. 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.
Please note that this Water Quality Certification with Additional Conditions supersedes any
previously issued certifications for the subject project. 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
North Carolina Division of Water Quality Internet: h2o.enr. state. nc. us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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Mr. Terry Setzer
Generations Land Companies, LLC
Page 2 of 5
August 21, 2008
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 (Units) Plan Location or Reference
Stream 18 (linear feet) Site #1
404/CAMA Wetlands 0.068 (acres) W1, W2
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-1, WS-II, 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)
supercede all other sediment and erosion control requirements.
No Waste, Spoil, Solids, or Fill of Any Kind
Mr. Terry Setzer
Generations Land Companies, LLC
Page 3 of 5
August 21, 2008
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 dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream 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 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.
8. Diffuse Flow (Review)
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without
re-concentrating. If this is not possible it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. Additionally, a stormwater management plan for this
project shall be provided to this Office before any of the impacts approved herein are
conducted. The plan shall specify all stormwater discharge points, plan details, and
Mr. Terry Setzer
Generations Land Companies, LLC
Page 4 of 5
August 21, 2008
calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as
described above will be achieved.
9. Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2 of the
protected buffer. This activity is designated as "exempt" under the Buffer Rule provided that
fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed
areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised.
10. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0259), unless otherwise approved
by the DWQ
11. No Impacts Beyond those in Application
No waste, spoils, 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.
12. 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 re-installed correctly.
13. 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
Mr. Terry Setzer
Generations Land Companies, LLC
Page 5 of 5
August 21, 2008
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 15A NCAC 02H..0500. If you have any questions, please telephone Roberto Scheller
of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
inc ely,
For Coleen uMns
Enclosures: Certificate of Completion
GC 3705
Deed Notification Letter
cc: Joe Guckavan, PE, The East Group, PA
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy
Central Files
Filename: 08-0932