HomeMy WebLinkAbout20031141 Ver 1_Approval Letter_20031201Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
WETMEM "1Di?OWater Quality
DEC 0 5 2003
James and Kristen Gregory
7005 Sugar Loaf Court
Charlotte, NC 28210
Dear Mr. and Mrs. Gregory:
December 1, 2003
WATR QUww
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lots 149 & 150 Lockwood Folly S/D
DWQ Project # 031141
Brunswick County
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity at your property located on lots 149 and 150 in Lockwood Folly Subdivision, Brunswick
County. This approval allows you to:
1. Fill 0.099 Acres of Section 404 Wetlands for the purpose of constructing a single-family
residence.
This approval is only valid for the purpose and design that you described in your CAMA application and
plans received by the Division of Water Quality (DWQ) on September 9, 2003, and revised application
and plans received on October 24, 2003. After reviewing your revised application and plans, we have
determined that General Water Quality Certification Number 3400 covers this activity. This Certification
allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please
keep in mind that there may be additional Federal, State or Local regulations applicable to your project,
such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations, NPDES Stormwater and Coastal Stormwater. In addition, this approval will expire when
the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major
Permit application received by the Division of Coastal Management on July 23, 2003, and revised on
October 21, 2003. If you change or modify your project, you must notify the Division (DWQ) in
writing and you may be required to send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future)
exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification and the
additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extensions
(910) 395-3900 Customer Service
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 MEW
Mr. and Mrs. Gregory
Rage Two
DWQ Project # 031141
December 1, 2003
1. No waste, spoil, solids, or fill of any kind and no excavation shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the revised CAMA Major
application. 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;
2. A culvert must be installed below the drive as depicted on the submitted plans;
3. 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 this office and a copy to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification, 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 conforming 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 DWQ Permit #031141 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,
r
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Henry Wicker
WiRO- Noelle Lutheran
'Pit Cyi dl KarolY .
69A - Ed Brooks
CAMA Raleigh - Doug Huggett
Central Files
WQC #3400
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 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 26 .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 213.0200. 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. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 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
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
WQC #3400
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;
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 #3400
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: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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:
Date:
Agent'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: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full rime) the construction of the project,for the Pemiittee 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
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
Registration No.