20120981 Ver 1_Approval Letter_20121030

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Michael H. Gray.
52 East Bayside Drive
Chocowinity, NC 27817
Division of Water Quality
Charles Wakild, P. E.
Director
October 30, 2012
Dee Freeman
DWQ Project # 12 -0981
Beaufort County
Subject Property: Michael Gray - 51 Canal Court, Chocowinity
Pamlico River [ TAR07, 29- 6 -(5), NSW; SB]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gray:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.02 acres of wetlands for the purpose
of constructing a residential driveway at the subject property, as described within
your application dated October 22, 2012 and received by the N.C. Division of Water
Quality (DWQ) on October 30, 2012. After reviewing your application, the proposed
impacts are covered by General Water Quality Certification Number(s) 3890
(GC3890). The Certification(s) allows you to use Nationwide Permit(s) 18 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 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
North Carolina Division of Water Quality Internet: www.ncwaterquality.ora One
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone] NorthCarollina
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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. 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 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
Amount Approved
(Units)
Plan Location or
Reference
404 Wetlands
0.02 (acres)
PCN page 4 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 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 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

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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. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH
and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
7. 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.
8. 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 Certification.
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

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hearing, send a written petition, which conforms to Chapter 1506 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 252 - 948 -3917 of the Washington Regional Office at Amy Adams or Ian
McMillan of the 401 Oversight /Express Unit at 919- 807 -6364
Sincerely,
For Chuc Wakild, P.E.
Enclosures: Certificate of Completion
GC 3890
cc: William Wescott, Corps of Engineers Washington Regulatory Field Office
DWQ 401 Oversight /Express Unit
DCM, Doug Huggett, Morehead District Office
DCM, Kelly Spivey, Washington District Office
DLR, Pat McClain
File copy
Filename: 12- 0981_Michael Gary-51 Canal Ct. _3890_ Approval /aa