HomeMy WebLinkAbout20051894 Ver 3_Approval Letter_20110330NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 30, 2011
DWQ Project # 05-1894V3
Pamlico County
Richard A. Verriest
10 Terrace Ct.
Albertson NY 11507
Subject Property: Lot 10 Dogwood Landing, Merritt, Pamlico County
Ball Creek [NEU13 27-150-20; SA, HQW, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Verriest:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.023 acres of wetlands and 883 square
feet (ft2) of Zone 2 of protected riparian buffers for the purpose of installing driveway and
access to high ground with access path to gut at the subject property, as described
within your application dated March 7, 2011 and received by the N.C. Division of Water
Quality (DWQ) on March 21, 2011. The impacts proposed in the application are covered
by General Water Quality Certification Number(s) 3820 (GC3820). The Certification(s)
allows you to use Nationwide Permit(s) 14 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 .0233. 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
North Carolina Division of Water Quality Internet: www.ncwatcrquality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
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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 (feet)
404/CAMA Wetlands 0.023 (acres)
W10.00955 (acres)
W2 0.01368 (acres) Plat provided with application
Waters (acres)
Buffers 883 (square ft.) Zone 2 Plat provided with application
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.
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3. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses
and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by the DWQ.
4. Diffuse Flow
All stormwater 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 .0233 (5). If this
is not possible, it may be necessary to provide stormwater facilities that are
considered to remove nitrogen (and phosphorus if in the Tar-Pamlico River Basin).
This may require additional approval from this Office.
4. Placement of Culverts
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 downstream of the
above structures. The applicant is required to provide evidence that the equilibrium
shall be maintained if requested in writing by DWQ.
5. 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.
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.
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 Oversight/Express Review
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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 1508 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 Neuse riparian buffer protection rule as described within 15A
NCAC 2B .0233. If you have any questions, please telephone Amy Adams of the
Washington Regional Office at 252-9466-6481 or Ian McMillan of the 401
Oversight/Express Unit at 919-807-6364.
Sincerely,
For Coleet"F:zsZ
Enclosures: Certificate of Completion
GC 3820
DWQ Buffer Brochure
cc: William Wescott, Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Hugget, Morehead Office
File copy