HomeMy WebLinkAbout20100638 Ver 1_Approval Letter_20100811i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 11, 2010
DWQ Express Project # 10-0638
Tyrrell County
Century Land & Timber, Inc.
Mr. Randy G. Gillen
104 Kenilworth Road
Greenville, NC 27858
Subject Property: Old Canal Pipe Crossing
Old Canal, Pasquotank River Basin (30-14-4-6, PAS 53, Class C,
Sw)
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Express Review
Dear Mr. Gillen:
You have our approval, in accordance with the attached conditions, to place fill material
within or otherwise impact 60 linear feet of stream to install a 12' x 40' steel culvert with
associated riprap apron for slope protection and 10 feet of instream riprap at the inlet and
outlet for scour protection as described in your CAMA Major application received by the
Division of Water Quality (DWQ) 401 Express Review Permitting on August 3, 2010.
After reviewing your application, we have determined that the Division of Water Quality
(DWQ) General Water Quality Certification. Number 3641 covers these water impacts.
This Certification goes along with your Division of Coastal Management Major
Development Permit and General Permit No. 198000291 issued by the US Army Corps
of Engineers (USAGE). In addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and CAMA. 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
North Carolina Division of Water Quality Internet: www.ncwaterqualilv.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 Natunally
Page 2 of 3
t
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:
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 60 (feet) Plan Sheet 1 of 1 (Canal
Crossing)
404/CAMA Wetlands (acres)
Waters (acres)
Buffers (square ft.)
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
4. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic
life. Design and placement of culverts and other structures including temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ.
Page 3 of 3
5. Any riprap used must not interfere with thalweg performance and aquatic life passage
during low flow conditions.
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 water 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 and the Tar-Pamlico riparian buffer protection rule as described
within 15A NCAC 2B .0259. 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.
Fo;
Enclosures: Certificate of Completion
GC 3641
cc: Raleigh Bland, Corps of Engineers, Washington Field Office
DWQ 401 Oversight/Express Unit
Doug Hugget, CAMA, Morehead Office
David Moye, CAMA, WaRO
DLR, WaRO
File copy