HomeMy WebLinkAbout20130739 Ver 1_Approval Letter_20131009NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 9, 2013
DWQ Project # 13 -0739
Beaufort County
Tim Baumgartner
NCDENR Ecosystem Enhancement Program
217 West Jones St., Suite 3000A
Raleigh, NC 27603
Subject Property: St. Clair Creek Restoration Project, Poole Property (ID #6672 -78 -3003)
Tar - Pamlico River Basin, Saint Clair Creek [TAR 07, 29- 26 -(1); NSW, C,
Sw]
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 Mr. Baumgartner:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 3,735 linear feet of streams and
associated riparian buffers for the purpose of stream and buffer restoration at the
subject property, as described within your application dated September 9, 2013 and
received by the N.C. Division of Water Resources (DWR) on September 9, 2013. The
impacts described in your application are covered by General Water Quality
Certification Number(s) 3885 (GC3885). The Certifications) allows you to use
Nationwide Permit(s) 27 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 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
Water Quality Section Internet: www ncwatcrqualhv.ore
943 Washington Square Mall Phone: 252- 946 -6481 One
Washington, NC27889 FAX 252- 946 -9215 NorthCarolina
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Mr. Tim Baumgartner
St. Clair Creek Restoration Project, Poole Property (ID #6672 -78 -3003)
October 9, 2013
Page 2 of 4
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:
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
Amount Approved
Units
Plan Location or
Reference
Stream
3,735 feet
Preliminary Plan Sheets
404 /CAMA
Wetlands
(acres)
Waters
acres
Buffers
373,500 (square ft.)"
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
Mr. Tim Baumgartner
St. Clair Creek Restoration Project, Poole Property (ID #6672 -78 -3003)
October 9, 2013
Page 3 of 4
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 Energy Mining
and 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 Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650.
6. Diffuse Flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the
protected stream buffers and will not re- concentrate before discharging into the
stream as identified within 15A NCAC 2B .0259(5)
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 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. 1506.
Mr. Tim Baumgartner
St. Clair Creek Restoration Project, Poole Property (ID #6672 -78 -3003)
October 9, 2013
Page 4 of 4
This letter completes the review of the Division of Water Resources 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 Roberto
Scheller of the Washington Regional Office at 252- 948 -3940 or Karen Higgins of the
Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807-
6360.
Sincerely,
OL/
For Thomas A. Reeder
Enclosures: Certificate of Completion
GC 3885
cc: Corps of Engineers Washington Field Office
DWR Webscape Unit
DEMLR, WaRO
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