HomeMy WebLinkAbout20130338 Ver 1_Approval Letter_20130419NCDENR
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
April 19, 2013
DWQ Project # 13 -0338
Beaufort County
Pamlico —Tar River Foundation
Attn: Mrs. Heather Jacobs Deck
108 Gladden Street
Washington, NC 27889
Subject Property: Tar Pamlico River Blue Trail Camping Platforms Sites 1 and 2
Tar River [TAROT, 28- (102.5), NSW; C]
Broad Creek [TAROT, 29- 10 -(1), NSW; C]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar - Pamlico River Buffer Protection
Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mrs. Jacobs Deck:
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 and 400 square feet (ft) of protected riparian buffers (240 ftz of Zone 1 and
160 ft' of Zone 2) for the purpose of constructing two elevated camping platforms with associated access trails at the
subject properties, as described within your application dated February 2, 2013 and received by the N.C. Division of
Water Quality (DWQ) on March 28, 2013 with additional information received on April 18, 2013. The impacts proposed
in the application are covered by General Water Quality Certification Number 3890 (GC 3890). The Certification allows
you to use Nationwide Permit 42 when issued by the US Army Corps of Engineers (USACE). 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 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 Intemet:. www.nc%vaterqualit ,ora
943 Washington Square Mall Phone: 252- 946 -6481 one
Washington, NC 27889 FAX 252- 946 -9215 NorthCarolina
An Equal Opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Xatunrllff.
Tar - Pamlico River Foundation
Attn: Mrs. Heather Jacobs Deck
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. 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:
i
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.
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. 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
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
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.
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0.02 (acres)
PCN Page 4 of 10
Buffers
400 (square ft.)
PCN Page 5 of 10
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:
i
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.
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. 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
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
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.
Tar - Pamlico River Foundation
Attn: Mrs. Heather Jacobs Deck
Page 3 of 3
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 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.
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 Anthony Scarbraugh of the Washington Regional Office at 252 - 938 -3924 or Karen Higgins of the Wetland,
Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: GC 3890
Certificate of Completion
cc: William Wescott, USACE Washington Regulatory Field Office
David Moye, DCM WaRO
DEMLR, WaRO
DWQ Webscape Unit
File Copy
Filename: 13- 0338_Tar Pamlico River Blue Trail_3890_approval /as