20070672 Ver 1_Approval Letter_20070521

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Martha Caldwell
PO Box 159
Rodanthe, NC 27968
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 21, 2007
DWQ Project # 07-0672
Dare County
Subject Property: Midgett's Campground
Rodanthe, Pamlico Sound, 030155, 30-22, SA, HQW
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Caldwell:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.077 acres of wetlands for the purpose of a stream crossing
and fill area at the subject property, as described within your application dated March 28, 2007
and received by the N.C. Division of Water Quality (DWQ) on April 13, 2007. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3627 and 3631 (GC 3627 and 3631). The Certification(s) allows you to
use Nationwide Permit(s) 14 and 18 when issued by the US Army Corps of Engineers (USAGE).
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, and Division of Coastal Management 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
PapeNorth Carolina Division of Water Quality Internet h2o.enr.stete.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affi~mati~e Action Employer - 50% Recycledll0°~ PostConsumer Paper
Alan W. Klimek, P.E. Director
Division of Water Quality
NorthCarolina
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Applicant:
Page 2 of 3
Date:
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:
Amount A roved nits Plan Location or Reference
Stream na feet na
404/CAMA Wetlands 0.069 (acres) GC 3627 Plat provided with
a lication
0.008 (acres) GC 3631 Plat provided with
a lication
Waters na acres na
Buffers na s uare ft. na
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be iri 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

Applicant:
Page 3 of 3
Date:
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 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.

Applicant:
Page 4 of 3
Date:
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 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. If you have any questions, please telephone Kyle Barnes of the Washington
Regional Office at 252-948-3917 or Ian McMillan in the Central Office in Raleigh at 919-715-
4631.
Sincerely,
`L
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: GC 3627
GC 3631
Certification of Completion
cc: DCM Morehead Office
USACE Washington Regulatory Field Off ce
DWQ 401 Oversight/Express Unit
File Copy
Central Files
Filenarrie: 07-0672