20110660 Ver 1_Approval Letter_20110902

A4,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 2, 2011
Mr. Roy & Mrs. Sharon Carpenter
101 Kill Deer Court
Hertford, NC 27944
DWQ Project # 11-0660
Perquimans County
Subject Property: 101 Kill Deer Ct., Shores at Lands End Subdivision
Pasquotank River Basin, Little River (PAS 52, 30-5-(2); SC)
Approval of 401 Water Quality Certification (GC 3641) with Additional Conditions
Dear Mr. & Mrs. Carpenter:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 24 square feet of open water, by shading, for construction of boat lift, jet ski lift, and 2 ft. x
12 ft. finger pier as described within your CAMA Major Development Permit application dated
June 28, 2011 and received by the N.C. Division of Water Quality (DWQ) on July 14, 2011.
After reviewing your application we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3641 (GC3641). This Certification(s) issued in conjunction with
the CAMA Major Permit and General Permit(s) 198000291 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, 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 Internet: www.ncwaterquality.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
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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 (acres)
Waters 24 (square ft.) shading Application Drawings
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.
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
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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 Wate tQ app cant isication o to return
applicable Buffer Rules, and any subsequent modifications,
the attached certificate of completion to the 401 vMail ersig t/ ce Cent Review Perm Nitting Unit,
North Carolina Division of Water Quality, 16
1650.
6. All mechanized equipment operated near surface fialer lubricantsmust be regularly
hydraulic inspec edoth and fluids, or
maintained to prevent contamination of waters from
toxic materials.
7
"Re-opener" Clause
The permittee and its authorized agents shall conduct
from compliance with
requirements resulting ith
law and
State water quality standards (including any
uirements
opriate
section 303(d) of the Clean Water Act) and any otherapa ror agent) to comply with all of the
federal law. The permittee shall require its contractors a copy terms of this Certification, and shall provide each of its contractors included in then construction contract and
are not
this Certification. A copy of this Certification shall be or laws
or that
available on the job site at all times. If DW determines
achieved use) orthat State or federal
being met (including the failure to sustain a designate to assure liance, DWQ may
law is being violated, this acrfurther tication to include conditions appropriate to assure compliance
reevaluate and modify Before
ith such-standards and requirements-in accordance with 15A NCAC 2H.0507
--
with-such-
modifying the certification, DWQ shall notify the Division of Coastal-Management-and the US- - CAC Army Corps of Engineers, provide public notice in accordance with 15A
0 04. Any new or
provide opportunity for public hearing in accordance with 15A NCA in wri revised conditions shall be provided to Division of Coastal anag mentany permg, isshall sued be
provided to the United States Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
th yoertification
Permit for the project. and Violations of any condition herein set forth may result
proposed mpact
to proceed of
result in criminal and/or civil penalties. The authorization
application on Pand ermit authorized by this
or to conduct impacts to waters as depicted i?lyour
Certification shall expire upon expiration of
roved the a if you do not accept any of the conditions
for an adjudciatory hearing.aYo must actpwithin 60
wetland or stream impacts), you may send
Geneal Statutes to the Ofpetition, which
written days of the date that you receive this letter. To ask
of Administ ative
conforms to Chapter 150B of the North Carolina
Hearings, 6714 Mail Service Center, Raleigh, .C a 7699-6714. This certification and its
heang.
conditions are final and binding unless you ask for
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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 Roberto Scheller of the Washington
Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-
4631.

ince 1 ,
For oleen Sullins
Enclosures: Certificate of Completion --
GC 3641
Cc: Travis Lilly, Lilly Brothers Contracting
401 Oversight/Express Permitting Unit
Raleigh Bland, USACE, Washington Regulatory Field Office
Doug Huggett, CAMA, Morehead City
Kelly Russell, LAMA, Elizabeth City
File Copy