20121137 Ver 1_Approval Letter_20130125

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E, Skvarla, III
Governor Director Secretary
January 25, 2013
DWQ Project # 12 -1137
Hyde County
Ocracoke Youth Center, Inc.
Bob Chesnut
35 Miss Elecia Lane
Ocracoke NC 27960
Subject Property: Ocracoke Community Park and Recreational Field
Pamlico Sound [TAR07 29- (40.5); SA, HQW]
Approval of 401 Water Quality Certification (GC3900) and Authorization Certificate per the Tar -
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Chesnut:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.19 acres of Coastal Wetlands, 0.31 acres of waters from fill, and 16,250
square feet of protected riparian buffers for the purpose of constructing a multipurpose recreational
field for the local public schools at the subject property, as described within your CAMA Major
application dated December 3, 2012and received by the N.C. Division of Water Quality (DWQ) on
December 20, 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. This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .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 CAMA. 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
North Carolina Division of Water Quality Internet: www.ncwaterquality.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolliina
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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. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing;
4. Standard Erosion and 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:
a. 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. 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. Sufficient materials required for stabilization and /or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. No Impacts Beyond Application
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
CAMA Wetlands
0.19 (acres)
CAMA Major Application and Plats
Waters
0.31 (acres)
CAMA Major Application and Plats
Buffers
9,750 (square ft.) Zone 1
6,500 (square ft.) Zone 2
CAMA Major Application and Plats
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3641.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing;
4. Standard Erosion and 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:
a. 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. 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. Sufficient materials required for stabilization and /or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. No Impacts Beyond Application

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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.
6. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the CAMA Major application at
a 2:1 ratio for Coastal Wetland impacts and 1:1 ratio for the unvegetated Section 404 impacts. 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. 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.
7. Re Opener Clause
Ocracoke Youth Center, Inc. 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. Ocracoke Youth Center, Inc 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 Ocracoke Youth Center, Inc 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
Ocracoke Youth Center, Inc 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.
8. 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

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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.
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
Karen Higgins of the Webscape Unit at 919 - 807 -6360
Si erely,
For Charles akild
Enclosures: Certificate of Completion
GC 3900
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight /Express Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye, Washington Regional Office
File copy
Brian Rubino (via email) brubino @quible.com
File: 12- 1137_OcracokeRecFie ld_3900_Approva I /aa