20070903 Ver 1_Approval Letter_20070711

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 11, 2007
DWQ Project # 07 0903
Carteret County
Danny V. DeBerry
PO Box 622
Troy, NC 27371
Brenda Branson
203 Westside Circle
Asheboro, NC 27205
Subject Property: Sleepy Creek Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. DeBerry and Ms. Brenda Branson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.06 acres of jurisdictional wetlands for the purpose of a road crossing to access the subdivision, as
described within your application dated May 15, 2007 and received by the Wilmington Regional office on
May 23, 2007. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number(s) 3627 (GC3627). The Certification(s) allows you to use
Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (iJSACE). 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, and
stormwater 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
approved including incidental impacts:
Noo a Carolina
~turally
North Carolina Division of Water Quality 1617 Mail Service Cen[er Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet www.ncwaterguali[y nr^ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone] ]-877-623-6748
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Page Two
Danny V. DeBerry
Brenda Branson
DWQ # 07-0903
July 11, 2007
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet
404 Wetlands 0.06 acres Sheet 2 of 4
Waters N/A (acres)
2. Sedimentation and Erosion Control
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 anal implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
each lot until the lot is sold.
4. Deed Notifications and/or Restrictions
A recorded copy of the deed restrictions and the associated preservation map approved by the US
Army Corps of Engineers Wilmington Regulatory Office must be submitted to this Office and to
the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands and the stream
approved by this Certification can take place.
5. 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.

Page Three
Danny V. DeBerry
Brenda Branson
DWQ # 07-0903
July 11, 2007
6. 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.
7. 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/Wetlands 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,
Raleigh, N.C. 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 Ian McMillan in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Sinc~erel'y,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3627
Certificate of Completion
cc: Bobby Billingsley -Thomas Engineering, PA
Ian McMillan -DWQ 401 Oversight Unit, Raleigh
Mickey Sugg - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Central Files
WiRO