20021731 Ver 1_Approval Letter_20030307

Michael F. Easley, Governor
o?o? W AT ?Rpc
y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
--I
0 Alan W. Klimek, P.E. Director
Division of Water Quality
March 7, 2003
Mr. Sterling B. Cheatham, City Manager 'A,
City of Wilmington ?'Y
PO Box 1810 ?IVDS1401 G8 0U
NC 28402 Mq R n?Up
J 1 ? ?003
SUBJECT: ?+AI ??? Certification
and Additional 310N
Longstreet Drainage Way 'Y
DWQ Project # 021731
New Hanover County
Dear Mr. Cheatham:
You have our approval, in accordance with the attached conditions (WQC #3353, WQC
#3375, and WQC #3362), to do the following activity at your property located in Pine Valley
Estates to the west of Longstreet in New Hanover County. This approval allows you to:
Impact 148 feet of stream (an unnamed tributary to Hewlett's Creek) and 0.08 acres of
open water for the purpose of flood control and bank stabilization at the Longstreet
Drainage Way Improvements Project as described in your application. The project
includes replacing culverts, extending culverts, installation of rip rap and plunge pools,
grading above the bankfull elevation, and creating bankfull benches and stable vegetated
slopes.
This approval is only valid for the purpose and design that you described in your Pre-
Construction Notification (PCN) application received by the Division of Water Quality (DWQ)
on October 25, 2002, and additional information received on January 10, 2003. After reviewing
your application, we have determined that General Water Quality Certification Numbers 3353,
3375, and 3362 cover this activity. These Certifications can also be found on line at:
hgp:Hh2o.enr.state.nc.us/ncwetlands/certs.html. These Certifications allow you to use your
404 Permits when the Corps of Engineers issues them. 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 and
Coastal Stormwater. In addition, this approval will expire when the accompanying 404
Permit expires unless otherwise specified in the General Certification.
Please be aware that 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 exceed one acre or total stream impacts equal or exceed 150 feet (now or in the future),
compensatory mitigation may be required as described in 15A NCAC 214.0506 (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:
":r
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service i
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]iZTb 1':=?. .
Page Two
Mr. Cheatham
DWQ Project #021731
March 7, 2003
1. To prevent violations of the turbidity standards (50 NTU's in streams and rivers not
designated as trout waters by DWQ and 25 NTU's in all saltwater classes, and all lakes
and reservoirs) full compliance with the Division of Land Resources' Sedimentation and
Erosion Control Guidelines is required;
2. Approved erosion and sedimentation control devices and practices that 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" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices) shall be properly
implemented;
3. Upon completion of all work approved within the 401 Water Quality
Certification and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650, and to the Wilmington Regional Office Division of Water Quality.
Please notify the Wilmington Regional Office at [phone]) if any problem arises
during the construction of the project that may affect water quality.
Please read the attached conditions. 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 # 021731. If you have any questions,
please telephone Noelle Lutheran at 910-395-3900.
Sincerely,
c-__ (4-
Alan . Alan W. Klimek, P.E.
Director, Division of Water Quality