20080824 Ver 2_Approval Letter_20110328

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 28, 2011
Dee Freeman
Secretary
DWQ Project # 08-0824 Ver.2
Beaufort County
Beaufort County
Mr. Paul Spruill, County Manager
121 West 3rd Street
Washington, NC 27889
Subject Property: Carver Machine Works Sanitary Sewer Improvements
Jack's Creek, Snode Creek, Tar-Pamlico River Basin
Minor Modification of Approval for 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Spruill:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise
temporary impact 0.012 acres of wetlands, 45 linear feet of streams and 21,360 square feet (ft) of protected riparian
buffers for the purpose of sewer line construction at the subject property, as described within your application dated
August 4, 2008, and received by the N.C. Division of Water Quality (DWQ) on November 10, 2008. On March 23, 2011
a request by Mr. Ben Williams of Rivers & Associates, Inc. was made to this Office for a minor modification of this
General Certification (GC). The requested modification is for renewal of certification due to time limits. Please note
below that the General Certification issued the original project has changed from GC3699 to GC 3819. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3819
(GC3819). The Certification(s) allows you to use Nationwide Permit(s) 12 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 .0259. 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.nawaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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 45 linear feet Project Maps #1, 2, 3
404/CAMA Wetlands 0.012 (acres) Project Ma #1
Waters acres
Buffers 21,369 (square ft. Project Maps #1, 2, 3
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.
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 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.
Si cerely
F Coleen
Enclosures: Certificate of Completion
GC 3819
cc: Ben Williams, P.E. Rivers & Associates, Inc.
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy
North Carolina Division of Water Quality
943 Washington Square Mail
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
Nortb Carolina
Naturallb