20110280 Ver 1_Approval Letter_20110415

ANI
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 15, 2011
DWQ Project # 11-01280
Richmond
Tom Covington
North Carolina Wildlife Resources Commission
1751 Varsity Drive
Raleigh, NC 27606
Subject Property: Hinson Lake Dam Repair
Hinson Lake/ Falling Creek [13-39-12-(10), C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Covington:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.14 acres of open waters for the purpose of maintenance and repair of the
existing Hinson Lake Dam, as described within your application dated March 25, 2011 and received by
the N.C. Division of Water Quality (DWQ) on March 28, 2011. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3687(GC3687). The Certification(s) allows you to use Nationwide Permit(s) NW 3 when issued by the
US Army Corps of Engineers (USACE). 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 other 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:
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer Naturally
North Carolina Wildlife Resources Commission
Page 2 of 3
April 15, 2011
Amount Approved (Units) Plan Location or Reference
Open Water 0.0.14 (acres) PCN age 6 of 11
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 ]eased 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 should not be placed in wetlands or waters
without prior approval by the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be
removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program 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.
North Carolina Wildlife Resources Commission
Page 3 of 3
April 15, 2011
Protective Fencing
The outside buffer, wetland, or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange waning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15
NCAC 2H, Section .0500
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 Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3320.
Sincerely,
%Sc,?no?J i 46?
Coleen H. Sullins
CHS/cct
Enclosures: GC 3687
Certificate of Completion
cc: Ian McMillan - Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Christy Wicker - USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
Dale Hyatt - McKim & Creed, PA
File Copy