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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 .4lign 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 Planting Branch . DIVISION OF ENVIROMffiNTAL XMGPUXT _ GMICO$ PMbgT APPLICATION RRVIrd • . � • : sa�rt WQ sUPBAVSOjR:' i�E'1';l4Y�:;I1�F+ORHATION XOR C$KTRAL i OFFICE. Z'RA G PKRMTT No... COUNTY: PRO TYPE c YERlQT TYPE: CO g COX. : .; DoT f; .: .. RCD,` :.F CDA: DA TH YROM COA: ` WaRO RB6` %OI CS. RIyE� Sim BAS S�TBt AGENT WATER BODY: p V/YY7i S''� O OPE�F. Old;' CL`r TRP,Atf INDEX #: VL WACT;. 9 WL ' TYPE: _REQIIE$TBf}: S S WL :ACR BST: HYDRO; EJECT?: WL SCORE: ?EIT�G1t`1'TON )WEIGATION TYPB: �kCT�Gg Ol�F SIZE: G S ATTACH? RBcoRIDATION: S isSUEJCONp pENY HOLD , S20RMWATLR :.PLAN 1301D: IF• YES, DATE APPROVED ; xt • • • , `'.� pEQ��CT;.I�ESCRIPTI�7Ni ' • •� a�AT�= QUAfi:Ii'X••�- LCSfi'P.. C 1 .' .. • • EERT•..:REQ'Ds Ip. YE'S, TYPE: . •. • �•�EHXGB :�kvPQSikL _ TyPt 'OF DISPOSA ,_PFZ ' .. (�(IST; PROPQS�D, �I•G -T•A� ETC. ) TO. BE". PEFMITT&-gY•: �''`� (DEM, ])HS; CO ' >;.' IF: BY;.DEM, IS SITE AVAI LE AND PERMIT ISSUANCE PROBAATE: fWET�+�I�ID' `Flip AREA O.F. FALL: WATER: —4) — WETLAND: IS .FILL ELTHINATZNG A SIGNIFICANT USE? .� ABEA ' TO • SE DREDGED: IS'DgHDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? SP.OII. DISPOSAL ADEQUATELY ADDRESSED? }fkRM: ,�q-- ARE TIE FOLLOWING ADEQUATELX ADDRESSED? S•EWAPE DISPOSAL: MARINA SERVICES.- OXYGEN IN BASIN: CLOSURE OF SHELLFISITYNG WATERS: CC= WdM,' Central Files; VCM Field offices; (DOE Washington Office . c- 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: FEB 2 7 199 ::.. 0 rr'rrD ---. D v� �, ii►I v m moxz A >p� _ N .. x �n � Zm� tl co n Ln C' Z W N ;\ ,r O �N x . Z Cn m x a m (D T (//\ „yam, v�co a R m oT O Z Ln "� ZNIn T T m m �\ Tzj f m ri \ m �h� ul d fI n n, 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: 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