20071083 Ver 1_Approval Letter_20070705

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 5, 2007
Mr. Chris Bowling
City of Wilmington
305 Chestnut Street
Wilmington, NC 27602
Subject Property:
Hewlett's Creek Crossing
Ut to Hewlett's Creek [030624, 18-87-26, SA, HQW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bowling:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07-1083
New Hanover County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise temporarily impact 0.096 acres 404/wetland and 8 linear feet of perennial stream, to
replace a failing force main, as described within your application dated June 20, 2007 and received by the
N.C. Division of Water Quality (DWQ) on June 20, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3625 (GC3625).
The Certification(s) allows you to use Nationwide Permit(s) 12 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, 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
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
annrnved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.096 acres) - tem or im act PCN a e 4 of 9
Stream - erennial 8 linear feet - tem ora im act PCN a e 4 of 9
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
No ° Carolina
~tura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

City of Wilmington
Page 2 of 3
July 5, 2007
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:
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 OversightBxpress 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 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,

City of Wilmington
Page 3 of 3
July 5, 2007
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. 1508.
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 Cyndi Karoly at 919-733-9721 or Amy Chapman at
919-715-6823.
CHS/cbk/ijm
Enclosures: GC 3625
Certificate of Completion
S' cerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Joanne Steenhuis, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
DLR Wilmington Regional Office
Todd J. Tugwell, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 071083 CO W i Imi ngtonHewlettsCreekCrossing(NewHanover~01

Certification of Completion
DWQ Project No.: County:
Applicant: .
ProjectNarne: ~ "
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon, completion of all work approved within the ~ 401' Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express •Perm:itting Unit,
North Caxolina Division of Water Quality, 1650 Ma.il• Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is 'not necessary to send
certif Cates from all of these.
Applica~tt's Certification
I ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification "and Buffer 1tuIes, the•approved plans and spec cations,
2.nd other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state tb.at, to'the best of my abilities, due care and diligence was
used in the observation of the construction .such that the construction .was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved .plans and spec cations,
and other supporting materials. ~ •
Signature:
Date:
If this project was designed by a Certi aed Professional
I, as a duly registered. Professional ~ ~ (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to. observe ~ (periodioally;
~veekly,• full time) the construction of the •project, for :the Permittee hereby state that, to the best of my abilities, due care
'and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality .Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No.. ~ Date