HomeMy WebLinkAbout20110658 Ver 1_Approval Letter_20110815cjfLh I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretarv
August 15, 2011
Carolina Helpers, LLC
Christopher Matteo
110 Lions Gate Drive
Cary NC 27518
DWQ Project # 1 1-0658
Pamlico County
Subject Property: Chadwick Creek Tract - Residential Homesite
Chadwick Creek [NEU 13 27-150-29; SA, HQW, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Matteo:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.493 acres of wetlands for the purpose of
constructing a at the subject property, as described within your application dated July 11,
2011 and received by the N.C. Division of Water Quality (DWQ) on July 13, 2011. After
reviewing your application the impacts 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). 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 CAMA 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 Internet: 1vww.ncwaterquali .org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vaturally
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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 (feet)
404/CAMA
Wetlands 0.493 (acres) Plans Submitted 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.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained
within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede
all other sediment and erosion control requirements.
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 and
authorized by this written approval, including incidental impacts. All construction
activities, including the design, installation, operation, and maintenance of sediment and
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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 without
prior approval by DWQ. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, then 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 devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources has released the project.
5. No Impacts to Neuse River Riparian Buffer
No impacts shall occur within the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by the DWQ.
6. 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.
7. Re-opener Clause
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with §303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal Law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, then the Division may reevaluate and modify this
General Water Quality
Page 4 of 4
8. 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.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act 15A NCAC 02H..0500. 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
Sincerely,
For Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3820
Buffer Brochure
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Roy Brownlow, Morehead District Office
DLR, Pat McClain, WaRO
File copy
Kim Williams LMG, Inc. 3805 Wrightsville Ave. Suite 15 Wilmington NC 28403
Filename: 11-0658_ChadwickCr_3820_approval/aa
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8. 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.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act 15A NCAC 02H..0500. 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
Sincerely,
Q?jYLI.?
For Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3820
Buffer Brochure
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/ Express Unit
CAMA, Roy Brownlow, Morehead District Office
DLR, .Pat McClain, WaRO
File copy
Kim Williams LMG, Inc. 3805 Wrightsville Ave. Suite 15 Wilmington NC 28403
Filename: 11-0658 ChadwickCr_3820_approval/aa