HomeMy WebLinkAbout20090672 Ver 1_Approval Letter_20090622NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2009
US Fish and Wildlife Service
Attn: Mike Hoff
316 Marsh Causeway
Knotts Island, NC 27950
DWQ# 09-0672
Currituck County
Subject Property: East Pool Pump, Knotts Island
Currituck Sound, Pasquotank Basin, 030154, 30-1, SC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hoff:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.04 acres of waters or wetlands as
described within your application dated May 27, 2009 and received by the N.C. Division
of Water Quality (DWQ) on June 8, 2009. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3687 (GC3687). The Certification(s) allows you to use Nation Wide Permit #3 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, and
Non-discharge 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
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ora
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
Page 2 of 4
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
Shoreline na (feet) na
404/CAMA Wetlands na (acres) na
Waters 0.04 (acres) Plat provided with application
Buffers na (square ft.) na
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-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.
Page 3 of 4
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. 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.
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. 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.
7. 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.
Page 4 of 4
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 Cyndi Karoly or Ian
McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ
Washington Regional Office at 252-948-3917.
Sincerely,
Coleen H. u Tins
Enclosures: GC 3687
Certificate of Completion
cc: USACE Washington Regulatory Field Office
401/Oversight Express Unit
CAMA, Morehead
File Copy
Filename: 09-0672