HomeMy WebLinkAbout20071447 Ver 1_Approval Letter_20071026Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 26, 2007
County of Dare
Attn: Terry Wheeler
207 Budleigh Street
Manteo, NC 27954
Subject Property: Hatteras Satellite Office
Pasquotank Basin, 030155, 30-22, SA, HQW
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wheeler:
Coleen H. Sullins Director
Division of Water Quality
DWQ Project # 07-1447
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.10 acres of wetlands for the purpose of the construction of a municipal building at the subject
property, as described within your application dated August 7, 2007 and received by the N.C. Division of Water
Quality (DWQ) on August 24, 2007. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use
Nationwide Permit(s) 18 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, Non-discharge, and CAMA 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 1501inear 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:
Amount A roved (Units Plan Location or Reference
Stream na feet na
404/CAMA Wetlands 0.10 acres Plat rovided with a lication
Waters na acres na
Buffers na (s uare ft.) na
PapeNorth Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
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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 sedunent 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 Pollutior. Control Act and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout (Tr),
SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment
and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A
NCAC 04B .0124) supercede all other sediment and erosion control requirements.
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 and authorized by this written approval, including
incidental impacts. 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 without prior approval by DWQ.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact
prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic
life/fish kills.
6. 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 Cazolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
7. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such
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standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or
Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division
may reevaluate and modify this General Water Quality Certification.
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 associate wi a approve we an ors eam
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 and the
Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions,
please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
5' erely,
Al Hodge/S~ ervi r
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3631
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 07-1447