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HomeMy WebLinkAbout20130060 Ver 1_Approval Letter_20130315ILFWA NOT CAMA PERMIT NCDENR North Carolina Department of Environment and !Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 15, 2013 Mr. Philip L. Winslow 1823 Belvidere Road Belvidere, NC 27919 Subject Property: Philip Winslow Irrigation Ditch Perquimans River [PA552, 30- 6 -(1); C, Sw] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions. Dear Mr. Winslow: John E. Skvarla, III DWQ Project # 13 -0060 Perquimans County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.08 acres of wetlands and 0.03 acres of waters for the purpose of excavating an irrigation ditch at the subject property, as described within your CAMA Major application dated January 5, 2013 and received by the N.C. Division of Water Quality (DWQ) on January 23, 2013 with additional information received on February 15, 2013. 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. ` 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 you r_ application. Approved plans and specifications for this project are incorporated. by reference and 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 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. North Carolina Division of Water Quality Internet: www.ncwaterquaiity.org 943 Washington Square Mall Phone: 252 -946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NOfthCarohna An Equal Opportunity /Affirmative Action Employer— 50% Recycled/1.0% Post Consumer Paper AlAmally The Additional Conditions of the Certification are: 1. Impacts Approved Philip L. Winslow Page 2 of 3 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) 3900. 3. 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 -11, High Quality (HQW), or Outstanding Resource (OR W) 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. 4. 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 Amount Approved (Units) Plan Location or Reference 404 Wetlands 0.08 (acres) Proposed Irrigation Channel Modification dated 02/15/13 Waters 0.03 (acres) Proposed Irrigation Channel Modification dated 02/15/13 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. 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 -11, High Quality (HQW), or Outstanding Resource (OR W) 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. 4. 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 Philip L. Winslow Page 3 of 3 sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 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. 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.G. 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 Anthony Scarbraugh of the Washington Regional Office at 252 -948 -3924 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807 -6360. Sincerely, a5bYV,� For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Kyle Barnes, Corps of Engineers Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, John Cece DEMLR, WaRO File copy Fiie:13- 0060 — Philip L..Winslow_3900_approval /as