HomeMy WebLinkAbout19970329 Ver 1_Complete File_19970507State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. William Petersen
219 Fentress Drive
Knotts Island, NC 27950
Dear Mr. Petersen:
74
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dw
EDEHNR
May 7, 1997
Currituck County
WQC 401 Project #970329
You have our approval, in accordance with the attached conditions, to place fill material in 0.15 acres of
wetlands or waters for the purpose of constructing a bulkhead at 219 Fentress Drive, Knotts Island, as you
described in your application dated 2 April 1997. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3112.
This approval is only valid 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 total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919 - 733 -1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
970329.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer - 50% recycled /10% post consumer paper
DEHNR Fax:9199753716 Apr 25 '97 15:19 P.06/09
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IS .FILL ELTHINATZNG A SIGNIFICANT USE?
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IS'DgHDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
SP.OII. DISPOSAL ADEQUATELY ADDRESSED?
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ARE TIE FOLLOWING ADEQUATELX ADDRESSED?
S•EWAPE DISPOSAL: MARINA SERVICES.-
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CC= WdM,' Central Files; VCM Field offices; (DOE Washington Office
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William C. Petersen
2. LOCATION OF PROJECT SITE: 219 Fentress Drive, Knotts Island, Currituck County
Photo Index - 1995: 197 -2074 (G -16) 1989:135-4 (K- 11,12)
1984: 131 -648 (K -7)
State Plane Coordinates X: 2900500 Y: 1009700 d
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/04/97 and 03/24/97
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 27, 1997
Office - Elizabeth City 6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Rural, Conservation
(B) AEC(s) Involved: ES
° Water Dependent: Yes
(D) Intended Use: Private, Residential
(E) Wastewater Treatment: Existing - Septic System
Planned - N/A
(F). Type of Structures: Existing - Single Family Dwelling, Pier
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 15'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DRFnaFn RTT T TM 11TTTT'Tl
(D) Total Area Disturbed: 6,500 square feet (.15 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct 130 feet of wooden bulkhead to be
located at or above NWL and to backfill and level 6,500 square feet of Estuarine Shoreline AEC.
(A) Vegetated Wetlands
ES
450 square feet
(B) Non - Vegetated Wetlands
° Other
ES
6,050 square feet
(D) Total Area Disturbed: 6,500 square feet (.15 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct 130 feet of wooden bulkhead to be
located at or above NWL and to backfill and level 6,500 square feet of Estuarine Shoreline AEC.
William C. Petersen
Bio Report
Page Two
Site Description
The applicant owns an .8 acre lot in the Swan Haven Subdivision, Knotts Island,
Currituck County. The lot is located on Fentress Drive, SR 1384 off NC 615 near the NC
DOT Ferry Dock and on the Currituck Sound. The lot is developed with. a single family
dwelling and the lot elevation varies from 3.5 feet at Fentress Drive to 0 feet at NWL. Soil
types on the lot are sandy loam and coarse sand. The lot is vegetated with yard grasses and
weeds. Three bald cypress (Taxodium distichum) are located near the northwest comer of the
lot in Public Trust and Estuarine Waters. A toppled black willow (Salix i ra) is located near
the southwestern comer of the lot. A 450 square foot area of possible 404 wetlands, vegetated
with common reed (Phragmites communis) is located adjacent to the shoreline. It is separated
from the Currituck Sound by a 2 foot high sand berm. The berm slopes toward NWL and
forms a sand beach approximately 10 feet wide.
Adjacent property consist of a lot, developed with a single family dwelling and a
bulkhead and an undeveloped lot. The applicant's property is also developed with a 5' x 200'
pier with a 256 square foot platform that was damaged by Hurricane Fran. The Division of
Environmental Management classified the waters of Currituck Sound in the area as SC.
Development Proposal
In order to stabilize his shoreline and protect his property, the applicant proposes to
construct 130 feet of wooden bulkhead an average distance of 5 feet landward of NWL. The
applicant proposes to fill a total of 6,500 square feet of Estuarine Shoreline. The dimensions
of the fill area are approximately 130' x 50'. The area to be filled includes the 450 square feet
of possible 404 wetland and the area of backfill behind the proposed bulkhead.
Anticipated Impacts
A total of 6,500 square feet of Estuarine Shoreline Area of Environmental Concern will
be filled. Of the total area, 450 square feet are possible 404 wetland. The project will
stabilize the applicant's shoreline and help minimize the effects of flooding.
Submitted by: Frank A. Jennings, III
Date: March 26, 1997
City ISLAND State L
Zip Vi 9 5-0 Day Phone 011) - 4-2-q - S 12(o
Fax
b. Authorized Agent:
Name %)LtRV-91W-r "Cme,mL- -rfw,, Wc.
Address 4.09 t. &tjojr - CAW—
city AAja& 1 Om Q Fk-Ac q State VA,
Zip -2-3464 Day Phone 0-15-1 4l sS-.L%&/,
Fax 615-) 495 - e6-&&
C. Project name (if any) � L4
NOTE. Permit will be issued in name of landowner(s), andlor
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County _ l ;UDR iTh
rV-
Revised 03/95
b. City, town, community or landmark
K1.tOT`fS ISI�ND
c. Street address or secondary road '
d. Is proposed work ' within city limits or planning
jurisdiction? , x. _ Yes - No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) GUIT22{-fi�IC SOIAND
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,,and
excavation and /or filling activities.
T1►MF,r-R 4 T-ZLf.t/r:i►
b. Is the proposed activity mainte ance of an existing
project, new work, or both? EW
c. Will the project be for public, private or commercial
use? jA s£
d. Give a brief description of purpose, use, methods of
construction and daily operations of ,.proposed
project. If more space is needed, please attach
additional pages, 114E Rzrk-CecT 15 To
G'OPK'rRU
Or , FMO V. 13a VO T o F
TMf3ER F l UEAD Auk A4.>-1i0E AT
� o Corrr_RD L • AND F3A1J k-
�As ri--u,, -rroN
Form DCM -MP -1
4.
LAND AND WATER
m. Describe existing wastewater treatment facilities.
CHARACTERISTICS
a.
Size of entire tract ' ~=
n. Describe location and type of discharges to waters
b.
Size of individual lots) . ,_3 . 9o3 S1= t
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
.-A
down" and residential discharges.)
N hK
c.
Approximate elevation of tract above MHW or
NWL 5. o Jr
d.
Soil type(s) and. texture(s) of tract
o. Describe existing drinking water supply source.
e.
Vegetation on tract G1ZAS!5>
f.
Man-made features now on tract
l?
LOUSE l) 1v a � LJ .; � IF�ep,
5. ADDITIONAL INFORMATION
g.
What is the CAMA Land Use Plan land
classification of the site? (consuh the iota! Jmnd use plan.)
In addition to the completed application form, the
following items must be submitted:
- ✓_ Conservation Transitional
- * _- Developed Community
A copy of the deed (with state application only) or
_Y-' Rural _. Other
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h.
How is the tract zoned by local government?
claiming to be the owner of said property, then
G51 D con) & L,
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i.
-Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? ,._ Yes No
(Amch zoning compliance ee,rfficxe, if applfcabk)
• An accurate, dated work plat (including plan view
j.
Has a professional archaeological assessment been
and cross - sectional drawings) drawn to scale in black
ink
done for the tract? Yes _' No
on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom?
detailed description.)
k. Is the project located in a National Registered
Historic District or does it . involve a National
Register listed or eligible property? -
Yes _ L/ No
1. Are there wetlands on the site? ✓ Yes No
Coastal (marsh) ✓ Other
If yes, has a delineation been conducted? NO
(eaach docamnu ?n, fa,ailaau)
Revised 03199
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
� a
Form DCM -MP -1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent _.waterfront (riparian) landowners and
..signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of _Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
10A VJ I LL I AM S
Address
Upland Development
Phone
KWOTtS ISA4 it> Oc, 12495_0
DCM MP -5
Name
DCM W-6
Address
11310 L—W&
Phone
GIBE S A T'4jjK�- /k 3322
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
x • A check for $250 made payable to the Department of
/ \ Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95
FEB 2 7 1997
6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow -up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of l� bi' y-19 ! 7
Print Name
Signature
or
Please indicate attachments pertaining to your proposed
project.
✓ DCM MP -2
Excavation and Fill Information
DCM MP -3
Upland Development
DCM MP-4
Structures Information
DCM MP -5
Bridges and Culverts
DCM W-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bonom of each form.
FOJim DCM -MP 2
EXCAVATION
AN-D F
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM -MP -1. Be sure to complete all
other. seciiori"s- of'the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL) '
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95
Average t+inal
Eristing Project
Length Width Depth Depth
FEB 2 7 1997
1. EXCAVATION
a. Amount of material to be excavated from below
MHW.or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes ' No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED. -
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do, you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Form DCM -MP -2
e. Does the disposal area include any coastal wetlands
(marsh), `SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a Type of shoreline stabilization
=: _-Bulkhead Riprap
b. Length __ 130 LJNCAIZ J:_rEET
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
1E�'
(Source of information) AFIF1dCAtOV
f. Type of bulkhead or riprap material _%L;T-
:REd"f— -1 (ME�EP_
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap --d —
(2) Bulkhead backfill --io —
h. Type of fill material �41JD
i. Source of fill material 1 PLWb a099aA
FAIT'•
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill�naterial be brought to site?
C/ YeS - No
Revised 03195
If yes,
(1) Amount of material to be placed in the
water N/A�
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area /940 X SO
(2) Purpose of fill Tn Lct)et FAgD
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? AW, Ti A,V,,e,
AND w/—yeb
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
C. Will wetlands be crassed in transporting equipment
to project site? Yes K_ No
If yes, explain steps that will be taken to lessen
environmental impacts.
Date
TIE INTO PROPOSED-\
BULKHEAD OF-
TIM WILLIAMS
ERODING J
BANK LINE
i
i
0
TIM WILLIAMS
215 FENTRESS DRIVE
KNOTTS ISLAND. NC
27950
E"'- weTLANO
2- STY -FRM
# 219 RAYMOND WILLIAMS. JR
1136 LONG RIDGE ROAD
CHESAPEAKE. VA
23322
LOT 34
FENTRESS DRIVE (50')
SITE PLAN FOR
BULKHEAD AND FILL
WILLIAM C. AND KATHLEEN M. PETERSEN
LOT 34 SWAN HAVEN
KNOTTS ISLAND. FRUITVILLE TOWNSHIP
SCALE I" - 40' CURRITUCK COUNTY. NC
PURPOSE: EROSION CONTROL
DATUM: O.H.W. 0.0
ADJACENT PROPERTY OWNE
I. TIM WILLIAMS .
2. RAYMOND WILLIAMS
�4.
WATERFRONT
CONSUL TING. INC.
4698 HANOVER COURT,
VIRGINIA BEACH. VA 23464
PH /FAX: (757) 495 -8566
PROPOSED BULKHEAD & FILL
IN: CURRITUCK SOUND
AT: KNOTTS ISLAND. NC
APPLICATION BY: PETERSEN
SHEET: ONE OF 3
DATE: JANUARY 20. 1997
REV:
rAT OSE EROSION CONTROL PROPOSED BULKHEAD & FILL
M O.H.W. 0.0 WATERFRONT
CENT PRO PERTY OWNERS IN= CURRITUCK SOUND
I. TIM WILLIAMS CONSUL TING. INC. AT: KNOTTS ISLAND. NC
2. RAYMOND WILLIAMS 4698 HANOVER COURT APPLICATION BY= PETERSEN
3. VIRGINIA BEACH. VA 23464 SHEET: 2 OF 3
4. PH /FAX= (757) 495 -8566 DATE: JANUARY 20. 1997
REV:
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CENT PRO PERTY OWNERS IN= CURRITUCK SOUND
I. TIM WILLIAMS CONSUL TING. INC. AT: KNOTTS ISLAND. NC
2. RAYMOND WILLIAMS 4698 HANOVER COURT APPLICATION BY= PETERSEN
3. VIRGINIA BEACH. VA 23464 SHEET: 2 OF 3
4. PH /FAX= (757) 495 -8566 DATE: JANUARY 20. 1997
REV:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. William Petersen
219 Fentress Drive
Knotts Island, NC 27950
Dear Mr. Petersen:
C)EHNFi
May 7, 1997
Currituck County
WQC 401 Project #970329
You have our approval, in accordance with the attached conditions, to place fill material in 0.15 acres of
wetlands or waters for the purpose of constructing a bulkhead at 219 Fentress Drive, Knotts Island, as you
described in your application dated 2 April 1997. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3112.
This approval is only valid 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 total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611 -7447. 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 John Dorney at 919 -733 -1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
970329.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer • 50% recycled /10% post consumer paper
GENERAL CERTIFICATION
FOR PROJECT ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT)
This General Certification is issued in conformity with
requirement of .Section 401, Public Laws 92 -500 and 95 -217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200
for the discharge of fill material as described in General Permit
198000291. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995. This WQC is rescinded when
the Corps of Engineers reauthorizes Regional General Permit 0291 or
when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category
of activity will not violate applicable portions of Sections 301, 302,
303, 306 and 307 of the Public Laws 92 -500 and 95 -217 if conducted in
accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written
concurrence from the Division of Water Quality as well as
compliance with all conditions of this General
Certification;
2 Activities authorized by Coastal Area Management Act (CAMA)
minor permits do not require written authorization from the
Division of Water Quality as long as they comply with all
other conditions of this General Certification;
3. Appropriate sediment and erosion control practices that
equal or exceed those outlined in the most recent edition of
the "North Carolina Sediment and Erosion Control Planning
and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in
the DEHNR Regional or Central offices) shall be utilized to
prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in freshwater streams and rivers;
25 NTUs in all saltwater classes, and all lakes and
reservoirs);
4. All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
5. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
6. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
7. Additional site - specific conditions may be added to projects.
which have applied for CAMA major permits which are proposed
under this Certification in order to ensure compliance with
all applicable water quality and effluent standards;
Violation of the conditions herein set forth by a specific
project shall result in revocation of the Certification for that
project and may also result in criminal and /or civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual
certification for any project in this category that, in his judgement,
poses a threat of significant adverse impact on water quality or
remove the existing uses of the wetland or downstream waters.
Public hearings may be held for specific applications or groups
of applications prior to a certification decision if such hearings are
deemed to be in the public's best interest by the Director of the
North Carolina Division of Water Quality.
Effective date: 11 February 1997.
DIVISION F WATER QUA? ITY
By
A. Preston H ar Jr. P.E.,
Director
cencert.291
WQC= -3-1-12