HomeMy WebLinkAbout20020640 Ver 3_Approval Letter_20121030Q NOT CAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
October 30, 2012
Mr. Garry and Carol Keech
300 Sunnyside Drive
Washington, NC 27889
DWQ Project # 02- 06400
Beaufort County
Subject Property: 300 Sunnyside Drive, Washington
Pamlico River [ TAR07, 29 -(5), NSW, SB]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. and Mrs. Keech:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.01 acres of waters for the purpose
of filling in an existing man -made basin and constructing a new bulkhead along the
alignment of the bulkhead canal shoreline at the subject property, as described
within your CAMA Major application dated October 23, 2012 and received by the
N.C. Division of Water Quality (DWQ) on October 23, 2012. The impacts described
in your application are covered by General Water Quality Certification Number(s)
3900 (GC3900). 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. Please note, an authorization of Tar -
Pamlico River Riparian Buffer Protection Rules Major Variance was authorized on
October 1, 2012 under DWQ Project No. 02- 0640V2. 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 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.
Approved plans and specifications for this project are incorporated by reference and
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: 252- 946 -6481 One
Washington, NC 27889 FAX 252- 946 -9215 NorthCarofiina
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are enforceable parts of the 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
thereby responsible for compl
(now or in the future) exceec
compensatory mitigation may
This approval requires you
certification and any additional
opy of this Certification and approval letter and is
Ping with all conditions. If total fills for this project
one acre of wetland or 150 linear feet of stream,
)e required as described in 15A NCAC 2H .0506 (h).
to follow the conditions listed in the attached
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. 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
Amount Approved
(Units)
Plan Location or
Reference
Waters
0.01 (acres)
LAMA Major Application
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
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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. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3900.
5. 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.
6. 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 water 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.
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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
(252) 948 -3924 of the Washington Regional Office at Amy Adams or Karen Higgins
of the 401 Oversight /Express Unit at 919- 807 -6360.
a i ncerely,
For Cha s Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Corps of Engineers, Tracey Wheeler, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead District Office
DCM, Kelly Spivey, Washington District Office
DLR, Pat McClain, WaRO
File copy
Filename: 02- 06400_300 Sunnyside Drive_3900_Approval /aa