HomeMy WebLinkAbout20090075 Ver 1_Approval Letter_20090427LPIWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 27, 2009
DWQ Project # 09 0075 Revised
Carteret County
Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
4909 Windy Hill
Raleigh, NC 27609
Subject Property: Taylor Tract - Indian Beach
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 and additional information received on April 21, 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:
http://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 and revision covered
by the modified drawings received on April 21, 2009 (moved the location of the second pier from
between lots 7 & 8 to between lots 9 & 10). 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: 910-796-7215 / FAX: 910-350-2004
Internet: www.ncwaterquality org
An Equal Opportunity/Affirmative Action Employer
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NorthCarolina
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Customer Service 1-877-623-6748
Page Two
Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075 Revised
April 27, 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.
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Page Three
Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075 Revised
April 27, 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 031.0101(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.
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Estate of Lillian P. Taylor
c/o Jack Stancil, CPA, Executor
DWQ Project # 09 0075 Revised
April 27, 2009
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
Division of Water Quality
Enclosures: GC 3642 (included in previous letter)
Certificate of Completion (included in previous letter)
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