HomeMy WebLinkAbout20090075 Ver 1_Approval Letter_20090302NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
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Governor a Director
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Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
4909 Windy Hill
Raleigh, NC 27609
Subject Property: Taylor Tract - Indian Beach
Dee Freeman
Secretary
DWQ Project # 09 0075
Carteret County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stancil:
You have our approval, in accordance with the attached conditions and those listed below, to construct a 30-lot
subdivision with two docking facilities for community use and filling approximately 15,275 sq ft (0.351 acres)
of 404/401 wetlands for an access road, as described within your CAMA application dated January 21, 2009
and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 23,
2009. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number 3642 (GC 3642). This Certification can also be found on line at:
htti)://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certifications allows you to use the CAMA Major Permit
when issued by the Division of Coastal Management. 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 on
the following pages.
Norm { :olinrr Division of W'aler Quality Wilmington Regional Office
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Page Two
Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075
March 2, 2009
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:
Amount Approved
(Units) Plan Location or Reference
Coastal Wetlands N/A (acres)
404/401 Wetlands Taylor Tract CP5.0
Impact # 1 5,641 sq ft (0.13 acres)
Impact # 2 2,468 sq ft (0.09 acres)
Impact # 3 1,097 sq ft (0.03 acres)
Impact A 2, 528 sq ft (0.06 acres)
Impact B 1,270 sq ft (0.03 acres)
Impact C 466 sq ft (0.01 acres)
Impact D 2,107 sq ft (0.05 acres)
Impact E 192 sq ft (0.004 acres)
TOTAL Impacts 15,275 sq ft (0.351
acres)
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.
tihril Carolina Uivi?ion f )C W to Q atity Wilmington Regional O'
JUSion 127 C r e n l D iV t xt?? atui Wilmington NC 28405
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Page Three
Estate of Lillian P. Taylor
" c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075
March 2, 2009
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 application. 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. Deed notifications/restrictive covenants
Deed notifications/restrictive covenants or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place within 30 days from the receipt of this
Certification or the USACE's permit, whichever is later. A sample deed notification can be downloaded
from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project. The USACE's Restrictive
Covenant language can be found on their web site at
http://www.saw.usace.army.mil/wetlands/Mitigation/preservation.html. A recorded copy of the deed
notifications/restrictive covenants must be submitted to this Office and to the 401 Oversight and
Express Unit in Raleigh within 30 days of receipt of the 401 Certification or the USACE's permit,
whichever is later.
6. Outstanding Resource Waters 15A NCAC 02B.0225( c)(2)
No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of
submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC
03 1.0101 (b)(20)(A) and (B) except for maintenance dredging, such as that required to maintain access to
existing channels and facilities located within designated areas or maintenance dredging for activities
such as agriculture.
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.
North t mAina Divi ion «(R t :r Quality Wimington kcgionai Office
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Phone: 9I0 796-72 1 5'. JAk: 910 ';q)-2004 i Cusionjl Service. 1-377-623-5748
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Page Four
Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075
March 2, 2009
4
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 waters
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.
Sincerely,
Coleen H. Sullins, Director
`- t Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Talmage Hall - Jdavis Architects, PLLC
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Brad Connell - DCM Morehead City
WiRO
tiorttr t rrolina Division of wale: Quality Wilmington Rettionil r):'GCe,
Location: 1 i C , d,mal Drive Lxmision Wilmington, NC 28405
721 F K v ! t) ';54200 a Customn Service 1 8-7-62-3-6748
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