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Home My WebLink About20111038 Ver 1_Approval Letter_20111207�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Rebkee Partners Satterfeld, LLC Mr. Robert Hargett 15871 City View Drive, Suite 300 Midlothian, VA 23113 Coleen H. Sullins Director December 7, 2011 Dee Freeman DWQ Project # 11-1038 Dare County Subject Property: Satterfield Landing, Petsmart Nags Head Pasquotank River Basin, Atlantic Ocean (PAS 55, 99(7); SB) Approval of 401 Water Quality Certi�cation (GC 3642) with Additional Conditions Dear Mr. Hargett: You have our approval, in accordance with the attached conditions and those listed below, to construct a 0.15 acre stormwater pond adjacent to the existing pond and within the CAMA Area of Environmental Concern (AEC) as described within your CAMA Major Development Permit application dated November 28, 2011 and received by the N.C. Division of Water QualiTy (DWQ) on November 28, 2011. After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3642 (GC3642). 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 Certiiication 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 North Carolina Division of Water Quality Intemet: ww�v.nc�vater ualit�g 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper NorthCarolina �atur�llr� Page 2 of 4 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certifcation (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved Units Plan Location or Reference Stream (feet) 404/CAMA Wetlands Waters 6,466 (square ft.) Plan Sheet 1 of 1 Excavation Plan Sheet 2 of 13 Plan Sheet 4&5 of 13 Buffers (s uare 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 Notifcation. 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 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. Page 3 of 4 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certifcation 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. 6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7. "Re-opener" Clause The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. The permittee shall require its contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certifcation. A copy of this Certifcation shall be included in the construction contract and available on the job site at all times. If DWQ determines that such standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507 (d). Before modifying the certification, DWQ shall notify the Division of Coastal Management and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Division of Coastal Management in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Violations of any condition herein set forth may result in revocation of this Certifcation 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 Offce of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are fnal and binding unless you ask for a hearing. Page 4 of 4 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 Offce at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715- 4631. 1 incerely� i � �� — For Coleen . � . Enclosures: Certificate of Completion GC 3642 Cc: 4010versight/Express Permitting Unit USACE, Washington Regulatory Field Office David Moye, CAMA Express, Washington Regional Office File Copy