HomeMy WebLinkAbout20240482 Ver 1_Approval Letter_20240430DocuSign Envelope ID: BABF60C3-39C9-4C11-81130-5C19F3E5E2D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 30, 2024
DWR # 20240482
Onslow County
Mr. Aaron Wise
300 Bribster Ct. S.
Jacksonville, NC 28540
Delivered via email to: aaroncwise(@l?mail.com
Subject: Approval of Individual 401 Water Quality Certification
Detached Garage, 34.734963,-77.503471
USACE Action ID. No. SAW-2024-00628
Dear Mr. Wise:
Attached hereto is a copy of Certification No. WQC006811 issued to Mr. Aaron Wise dated April 30, 2024.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Water Quality Certification. If you change your
project, you must notify the Division and you may be required to submit a new application package with
the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
rt North Carolina Department of Environmental Quality I Division of Water Resources
D �J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR1H CARouNa �/ 910.796.7215
DocuSign Envelope ID: BABF60C3-39C9-4C11-81130-5C19F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 2 of 7
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Michael Meilinger at 910-796-7215 or michael.meilinger@deg.nc.gov if you have
any questions or concerns.
Sincerely,
DocuSigned by:
Sft,pIA, f_ GosS
755ABFOCD80B428...
Stephanie Z. Goss
401 & Buffer Permitting Branch Supervisor
Division of Water Resources, NCDEQ
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406
NORTH CARou Na 910.796.7215
DocuSign Envelope ID: BABF60C3-39C94C11-81130-5C19F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 3 of 7
Electronic cc: Katherine Elks, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240482_Detached Garage_IWQC_OnslowCo._April24.docx
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR H CAROL NA " 910.796.7215
DocuSign Envelope ID: BABF60C3-39C9-4C1 1-81 B0-5C1 9F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006811 is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 0213.0200, to Mr. Aaron Wise, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on March 25, 2024 and by Public Notice issued by the Division on March 28, 2024, and
within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved, to construct a 30-foot by 50-foot garage. No other impacts
are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Non -Riparian Wetlands
Site 1
0.038 acres
N/A
0 credits
Totals:
0.038 acres
N/A
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Appropriate measures should be installed prior to any land clearing activities to protect
wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads
can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
2. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406
NoalHCaaD_NA 910.796.7215
DocuSign Envelope ID: BABF60C3-39C9-4C11-81130-5C19F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 5 of 7
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
5. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406
NoalHCaao_wa 910.796.7215
DocuSign Envelope ID: BABF60C3-39C9-4C11-81B0-5C19F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 6 of 7
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
8. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
9. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
12. The 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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. The conditions in effect on the date of
Noa1H C�NAIFI
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406
910.796.7215
DocuSign Envelope ID: BABF60C3-39C9-4C11-81130-5C19F3E5E2D9
Detached Garage
DWR# 20240482
Individual Certification #WQC006811
Page 7 of 7
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 30th day of April 2024
IDocu/Signed by:
f t,�u,a f- C—OSS
755ABFOCD8OB428...
Stephanie Z. Goss
401 & Buffer Permitting Branch Supervisor
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NonTH CAROL Na " 910.796.7215