20061871 Ver 1_Approval Letter_20070321

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Michael F. Easley, Governor ,
I
Williarri G. Ross 7r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 21, 2007
Sack Holbrook
416 Queens Road, No. 19
Charlotte, NC. 28207
Subject Property: Pinecrest, Lot #1
Bath, NC
Pamlico River [03-03-07, 29-(5), SB, NSW]
DWQ Project # 06-18.71
Beaufort County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Holbrook:
You. have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.05 acres of wetlands, for the purpose of fill for construction of a dwelling at
the subject property, as described within your application dated December 12, 2006 and received by the
N.C. Division of Water Quality (DWQ) on December 5, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3401 (GC3401).
The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0259. 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 youvchange 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 1501inear 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 Cazolina Division of Water Quality Internet: h2o.enrstate.nc.us
943 Washington Square Mall Phone: [phone] Olle
Washington, NC 27889 FAX [phone] NOTt~1Ca.TO11Ila
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Amount A roved nits PIan Location or Reference
Stream NA feet NA
404/CAMA Wetlands 0.05 acres Plat rovided with a lication
Waters NA acres NA
Buffers NA s ware 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, acid 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.
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. 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 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 D%~sion of Land Resources has released the project.
5. 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 OversightBxpress Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
Page 2 of 3 ,
Date:

Applicant:
Page 3 of 3
Date:
6. No Impacts to CAMA Coastal Wetlands
This letter includes approvals for impacts to fresh water wetlands jurisdictional under Section 404 &
401 of the Clean Water Act and does not approve impacts to CAMA Coastal Wetlands.
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-b714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or
Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
CL.NY~C.L
-~- Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3401
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 06-1871

WQC #3401
This General Certification is issued in conformity with the requirements 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 26 .0200 for the discharge of
fill material to waters and wetland areas which are waters of the U nited States as described in 33
CFR 330 Appendix A (B) (29) of the Corps of Engineers regulations for single family housing and
attendant structures and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26
.0200. This Certification replaces Certification Number 3036 issued on September 25, 1995,
Certification Number 3111 issued on February 11, 1997 and Water Quality Certification Number
3365 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers reauthorize
any of these Nationwide or Regional Permits or when deemed appropriate by the Director of the
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 the conditions hereinafter set forth.
Conditions of Certification:
I . These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification and wetland fill is limited
to less than one-third acre. Any condition in this Certification which the applicant believes
cannot be met requires an application and written concurrence from DWQ. Proposed fill or
substantial modification of greater than or equal to one-third acre of wetlands or waters
(including streams) under this General Certification requires application to and prior written
concurrence from the Division of Water Quality. Fill of any amount of wetlands classified
as Unique Wetlands in accordance with 15A NCAC 26.0101(e)(7) is not eligible for this
General Certification. Also, Condition No. 9 is applicable to all streams in basins with
riparian area protection rules;
2. 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;
3. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
4. 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;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence fora 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;

WQC #3401
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other 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. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico, Randleman and Catawba River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .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;
8. 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;
9. 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-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
10. This Certification does not apply if the developer or landowner is or was required by DWQ
or COE to add deed restrictions or conservation easements on lots to restrict wetland fill;
11. That wetland fill in watersheds classified as High Quality Waters (e.g., trout, primary
nursery areas, WS-I, WS-II, SA and Outstanding Resource Waters) and Nutrient Sensitive
Waters shall be minimized as much as practicable to the satisfaction of the U.S. Army
Corps of Engineers;
12: Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
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 these corresponding Nationwide and Regional General Permits,
whichever is sooner;
14. 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.
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 #3401
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, stream 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: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3401

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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 and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
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 and Buffer Rules, 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 Pennittee 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 and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Signature: Registration No. Date