HomeMy WebLinkAbout20061761 Ver 4_Approval Letter_20100702? A=?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 2, 2010
Burton Farm Development Company, LLC
Mr. Doug Anderson
Post Office Box 1908
Rocky Mount, NC 27802
DWQ Project # 06-1761 Ver.4
Pamlico County
Subject Property: Mill Creek Subdivision Phase I & II
Mill Creek, Neuse River Basin (NEU 10, 27-113, NSW, SC)
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Anderson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact by shading 0.0107 acres of coastal wetlands, 0.002 acres of 404 wetlands, 4,410
square feet (ft) of open waters. Also 300 square feet of protected riparian buffers for the purpose of
construction of a 10-slip boat dock with 6 foot wide access walkway through the riparian buffer at the
subject property, as described within your application dated March 30, 2010 and received by the N.C.
Division of Water Quality (DWQ) on April 8, 2010. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3641 (GC3641). The
Certification(s) allows you to use General Permit(s) 198000291 when issued by the US Army Corps of
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. 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 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:
North Carolina Division of Water Quality Internet: www.ncwatergualitv.org
943 Washington Square Mall Phone: 252-946.6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper naturally
Page 2 of 3
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 (feet)
404/CAMA Wetlands 0.0127 (acres) Plan Sheet 3 of 3 (Mill Creek
Slips)
Waters 0.10 (acres) "
Buffers 300 (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.
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 Division 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Page 3 of 3
6. Work Moratoriums
The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of
pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US
Fish and Wildlife Service, and National Marine Fisheries Service.
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.
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 Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. 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.
Sincer ly
'J %, -
Tor Coleen Hu ns
Enclosures: Certificate of Completion
GC 3641
cc: Warren Eadus, Quible & Associates, P.C.
Tracy Wheeler, Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead City Office
CAMA, Brad Connell, Morehead City Office
File copy