20060703 Ver 1_Approval Letter_20060721

~~t; W H ! F9Q Michael F. Easley, Governor
_ ~(~ G William G. Ross Jr., Secretary
Cq T' North Carolina Department of Environment and Natural Resources
,% .~
~ .,~ Al&n W. Klimek, P.E. Director
Division of Water Quality
July 2-1,.2006
Mr.=Bob Farris
Coastal Land Development
201 Lane Drive
Elizabeth City, NC 27909
Re: The Rivers Edge Subdivision, Hertford, Perquimans County
DWQ #06-0703; USAGE Action ID. No. 200610019
APPROVAL of 401 Water Qaalty Certification
Dear Mr. Farris:
Attached hereto is a copy of Certification No. 3582 issued to Mr. Bob Farris and'Coastal Land
Development, dated July 21, 2006. In addition, you should get any other federal, state or local.
..permits before you go ahead with your project including (but not limited to) Solid: Waste,
Sediment and Erosion Control,. Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Al W Klimek, P.E.
A WK/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC ; 28789
U.S. Army. Carps of Engineers, Washington Regulatory Field Office Wilmington District, USACOE
Kyle Barnes, DWQ, Washinp,~ton Regional Office
DLR Washington Regional Office
File Copy
Central Files
Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone:` 919-733-1786lFAX919-733-689311ntemet http //h2o enr.state.nc.us/ncwetlands
~~. An Equal OpportunirylAffiitnative Action Employer-50% Recycled110°l Post Corisumer,Pa'per ,
~ilenarnc: 060703TheltiversEdgeSD(Perquimans)401_IC
Onc
Nu thCarulina
~61t1~t'll~~~J

Coastal Land Development
Page 2 of 4
July 21, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued inconformity with the requirements of Section 401 Public
Laws 92'-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, .Section .OSOQ to Mr. Bob Farris and Coastal Land
Development to fi110,22 acre of wetland on Lot 33 of the Rivers Edge Subdivision and 0.42 acre
of wetland on Lot 55 of the Rivers Edge Subdivision, in the-Pasquotank River Basin, associated
with development of single family homes and septic systems in Perquimans County, North
Carolina, pursuant to 'an application filed on the 20th day of July of 2005, and in additional
correspondence received the l0`h day of May of 2006, and .the 23`d day of May'of 2006.
The application and supporting documentation provides adequate assurance that .the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions ofSectons 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
.This approval is only-valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and:request the
Certification bessued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation: may be required as described in 15A NCAC 2H .0506 (h) ~6)
and (7). If any plan revisions from the approved. site plan result in a change in stream or wetlaead
impactor an increase in impervious surfaces, the DWQ shall be notified in writing and. a new
application for 401 Certification may be required. For-this approval to be valid, compliance wiith
the conditions listed below is required.:
Conditions of Certification:
L = Impacts Approved
``The following impacts are hereby approved as long as all of the other`specifie and
general conditions of this Certification (or Isolated Wetland Permit) are met: No
other impacts are approved including.,incidental impacts:'
Amqunt A roved Units Plan Location or Ref~rcnce
404.Wetland 0.22 acres) -Lot 33 A `lication and Public Notice
404 Wetland 0.42 acres -I~ot 55 A lication and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices mustbe in full compliance with- all
specifications governing the proper design, installation and operation and
,~

Coastal Land Development
Page 3 of 4
July 21, 2006
maintenance of such Best Management Practices in order to protect surface vvaters
.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 Carolana 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 Erasion Control
Manual. The devices shall be maintained on ah 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 shall occur in wetlands, waters, or riparian areas
:beyond:-the footprint.. of the impacts depicted in the 404/40.1 Permit 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. 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 hall be removed. and the natural... grade restored within six
months of the date that the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the' construction
corridor within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or milar high-visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15A NCAC 2B .0233 and GG 3404;
Continuing Compliance:
6. Mr. Bob Farris and Coastal Land Development shall conduct construction activities in a
manner consistent with State water quality standards (including. any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determroes that such standards or
laws are not being met (including the 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, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr.
Bob Farris and Coastal Land Development, and the US Army Corps of Engineers, provide
w~
.,`; ,,

Coastal Land Developme~it
Page 4 of Q:~ =.
July 21, 2006
public notice in accordance with 15A NCAC 2H.0503 and provide. opportunity for public
hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Mr. Bob Farris and Coastal Land
Development in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean..Water Act, and shall
-.also become conditions of the 404 Permit for the project;
Conditions of Certification:
7. Deed~natifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all_ streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the
401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands'Unit web site at
http://h2o.enr.state.ne.us/ncwetlands. DWQ shall be sent,copies of aIi deed restrictions
applied to these lots;
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Cetific~ation. This. request must be
in the form of a written petition conforming to Chapter 150B' of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714Mail ServiceCenter,
Raleigh,'N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request Within sixty (60) days
following receipt of the Certification. Unless such clemands are made, this CerCification shall be
final and binding.
This-the 21 S` day of July 2006
DIVISION OF WATER QUALITY
'/~
Alan W. Klimek, P.E.
A WK/cbl/ijm
3582