20110226 Ver 1_Approval Letter_20110404

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
April 4, 2011
DWQ Project # 11-0226
Beaufort County
Rachel Brady
2801 Dogwood Rd. NorA ?;,q?
Durham NC 27705 A
Robert Cochran u??t? ?'} r
975 Wide Waters Dr. ?1??/
Bath NC 27808
Subject Property: Brady/Cochran Residences, Wide Waters Subdivision Phase I
Pamlico River [TAR07 29-(5); SB, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Dear Mr. Cochran and Ms. Brady:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 2,206 square feet of wetlands for the
purpose of filling a previously excavated small coastal pond in Coastal Wetlands and
using fill to re-establish diffuse flow through the protected buffers at the subject
property, as described within your application dated February 23, 2011 and received
by the N.C. Division of Water Quality (DWQ) on March 7, 2011. The impacts described
in your application are covered by General Water Quality Certification Number(s) 3641
(GC3641). This Certification allows you to General Permit No. 198000291 when issued by
the US Army Corps of Engineers (USACE). The use of fill for the re-establishment of
diffuse flow is EXEMPT under the Tar-Pamlico Buffer Rules and does not require written
concurrence from the DWQ. However, 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper A19turally
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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:
Impacts Approved
t
The following
re hereby approved as long as all of the other specific and
i 0" %IC
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 0.050 (acres) Plan provided with
application
Waters acres
Buffers (square ft.)
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.
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d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. Limits of Filling Wetlands
The purpose of this fill activity is to remove standing water within the excavated
coastal wetlands and return area to original contours. Fill placed within the
excavated pond shall not exceed the elevation of the adjacent coastal wetlands.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall' bccur1n wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted.in the,Pre?C.opstruction
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.
5. 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.
6. 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.0259), unless otherwise
approved by the DWQ.
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
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.
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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. 1506.
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 Amy Adams of the
Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-807-6364.
inter
r
For Coleen ullns
Enclosures: Certificate of Completion
GC 3641
cc: Tracey Wheeler, Corps of Engineers Washington Field Office
DWQ WeBSCaPE Unit
DCM, Doug Hugget, Morehead Office
DCM, Steve Trowell, Washington Regional Office
File copy
Filename: 11-0226_bradycochran_3641-Approval/aa