20020134 Ver 2_Approval Letter_20061016

Michael 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
October 16, 2006
DWQ Project # 02-0134 vs.2
Beaufort County
Mr. Austin Sallade
1819 Old Pamlico Beach Rd. E
Belhaven, NC 27810
Subject Property: Sallade-Wades Point
PIN #7620-16-3170
Q[E@Ww?B
OCT 1 S 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Approval of 401 Water Quality Certification and Tar-Pamlico Buffer Approval with Additional Conditions
Dear Mr. Sallade:
You have our approval, in accordance with the attached conditions and those listed below, to temporarily impact 0.045
(1961 sq ft) acres wetlands for the purpose of installing utility lines and 0.07 acres (3050 sq ft) of open water for the
purpose of constructing a pier and rip-rap bulkhead on the subject property, as described within your application dated
September 30, 2006 and received by the N.C. Division of Water Quality (DWQ) on the same day. This approval letter
also allows you to impact 480 square feet of the protected Tar-Pamlico Riparian Buffer (15A NCAC 2B .0259) as
described in your application. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number 3400 (WQC 3400), attached. The Certification allows you to use the CAMA Major
Permit when issued by the Division of Coastal Management. 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, Non-discharge, and stormwater 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:
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 N/A (feet)
Wetlands 0.045 (acres) Temporary impacts
Waters 0.02 (acres) Rip-rap
Buffers Zone I
Buffer Zone II 180 (square feet)
300 (square feet) Pier access
Pier access and utility installation
North Carolina Division of Water Quality Internet: www.ncwaterquality org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
Mr. Austin Sallade
Page 2 of 3
October 11, 2006
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. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream
as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval from this Office.
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may
be modified as appropriate to suit to this project;
6. 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.
Mr. Austin Sallade
Page 3 of 3
October 11, 2006
7. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481 or Cyndi Karoly
in the Central Office in Raleigh at 919-733-9721.
incerely,
v ?O
Alan 1-K ecam, P.E.
AWK/nml
Enclosures: WQC 3400
Certificate of Completion
cc: David Lekson, USACE Washington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
DLR Washington Regional Office
Rich Weaver, Morehead/CAMA
WaRO, File Copy
Central Files
Filename: 02-0134 vs.2