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Home My WebLink About20111019 Ver 1_Approval Letter_20111212NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Craig Shoaf 1512 Gbrien Circle Wake Forest NC 27587 Coleen H. Sullins Director December 12, 201 1 Dee Freeman Secretary DWQ Project # 11 -1019 Beaufort County Subject Property: Big Bear Properties Slade Guf /Fulton Gut [TAR07 29-19-9-4; SC, NSW] Approval of 401 Water Quality Certification (GC3641) and Authorization Certificate per the Tar- Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions Dear Mr. Shoaf: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.28 acres of wetlands and 0.28 acres of Tar - Pamlico Riparian Buffers (6,412 ft2 of Zone 1 and 5,996 ft2 of Zone 2) for the purpose of installing a road crossing and restoring a 2,919 ft2 existing crossing at the subject property, as described within your LAMA Major application dated October 19, 2011 and received by the N.C. Division of Water Quality (DWQ) on November 17, 2011. The impacts described in your application are covered by General Water Quality Certification Number(s) 3641 (GC3641). This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259. In addition, 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 LAMA. 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 LAMA Permit. North Carolina Division of Water Quality Internet: w"wnewaterquality_.org 943 Washington Square Mall Phone: 252 - 946 -6481 Washington, NC 27889 FAX 252- 946 -9215 An Equal Opportunity /Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper Noe Carolina �tura!!y Page 2 of 5 This approval is for the purpose and design that you described in your application. Plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 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: 2. Water Quality certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3641. 3. Com ensato Mifi ation- Final Plan Needed A final compensatory mitigation plan must be approved in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be completely constructed and implemented according to the plans approved by this Office before any permanent building or road associated with the project is occupied or opened. The mitigation must be maintained according to the approved plan and permanently protected by the use of conservation easements or similar protections. Proof of recorded conservation easement must be provided to this Office within 30 days of recording. Any repairs or adjustments to the mitigation site must be made according to the approved plan or must receive written approval from this Office to make the repairs or adjustments. Amount Approved (Units) Plan Location or Reference Stream feet 404 wetlands 0.23 acres CAMA Ma'or A lication Wafers acres Buffers 6,412 (square ft.- Zone 1) 5,996 _(square ft.- Zone 2 LAMA Major Application 2. Water Quality certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3641. 3. Com ensato Mifi ation- Final Plan Needed A final compensatory mitigation plan must be approved in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be completely constructed and implemented according to the plans approved by this Office before any permanent building or road associated with the project is occupied or opened. The mitigation must be maintained according to the approved plan and permanently protected by the use of conservation easements or similar protections. Proof of recorded conservation easement must be provided to this Office within 30 days of recording. Any repairs or adjustments to the mitigation site must be made according to the approved plan or must receive written approval from this Office to make the repairs or adjustments. Page 3 of 5 4. Diffuse Flow All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 213 .0259(5) 5. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and reinstalled correctly. 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. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. 6. Wetland Monitorin�lc Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse, and/or removal of the hydrology of wetlands (monitoring frequency- annual) is required for a period of five years. This monitoring may be accomplished by visual inspection of the wetland areas. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample deed notification can be downloaded from the 401 /Wetlands U nit web site at: http: //h2o.enr. state. nc. us /ncwetiands /documents /wet- buf_compl.pdf. The text of the sample deed notification may be modified as appropriate to suit to this project. All Deed Notifications shall include the following paragraph. "The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, Page 4of5 remove, or harm any vegetation; nor construct any structures or add any additional impervious surfaces, on such protected areas without written authorization from the Division of Water Quality (DWQ) or compliance with the Riparian Buffer Protection Rule (15A NCAC 213 .0259). This covenant is intended to ensure continued compliance with authorizations issued by the State of North Carolina, Division of Water Quality, DWQ Project Number 03 -1 030, and therefore may be enforced by the State of North Carolina. This covenant is to run with the land, and shall be binding on the owner, and all parties claiming under it." S. Re- opener clause Big Bear Properties, LLC 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. Big Bear Properties, LLC 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 Certification. A copy of this Certification 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 Big Bear Properties, LLC 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 Big Bear Properties, LLC 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. 9. 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. 00M 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. 150B. 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 Wetlands, Buffers, Stormwater and Compliance Unit at 919-807-6364. incerply, For Cale F ns Enclosures: Certificate of Completion GC 3641