20060201 Ver 2_Approval Letter_20080415

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTON
April 15, 2008
DWQ Project # 06-0201 Version 2
McDowell County
Creighton Call
Camp Lake James
124 West Union Street
Morganton, North Carolina 28655
Subject Property: 1780 / Camp Lake James
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Call:
You have our approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 282 linear feet of shoreline for the purpose of
stabilization at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on March 11, 2008. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3693 (GC3693). The Certification (s) allows you to use Permit(s)
GP30 when issued by the US Army Corps of Engineers (USACE). 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 buffer 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 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 below.
The Additional Conditions of the Certification are:
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Creighton Call
1780 / Camp Lake James
Page 2 of 5
April 15, 2008
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
Shoreline 282 (linear feet) A
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.
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. 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.
Creighton Call
1780 / Camp Lake James
Page 3 of 5
April 15, 2008
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. 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/VVetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the
water / land interface (at full pool). Riprap shall be placed as a linear protective
measure upon the regraded slopes. Stone used in stabilization shall be at least
Class B riprap in size. The rip-rap shall be installed over a toed in filter fabric to
prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap
stabilized area, to a distance of 30 feet from the top of bank shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration within
60 days of completion of the stabilization activity. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that
it will not re-concentrate before being discharged. If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen.
This may require additional approval from this Office.
9. Catawba River Buffer Tree Protection
Creighton Call
1780 / Camp Lake James
Page 4 of 5
April 15, 2008
Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly
within the construction access corridor. If trees are removed, forested vegetation shall
be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following
construction of the project;
Please see attached Catawba Buffer Rules (15A NCAC 02B .0243).
10. No Impacts Beyond those in Application
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. 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.
11. Deed Notifications
Deed notifications 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 prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. A sample
deed notification can be downloaded from the 401NVetlands 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.
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 stream 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.
Creighton Call
1780 / Camp Lake James
Page 5 of 5
April 15, 2008
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 contact Mr. Kevin Barnett in the DWQ
Asheville Regional Office at either Kevin.Barnett(a)- ncmail. net or at 828-296-4657.
Sincerely,
/v
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Coleen H. Sullins, Director
Division of Water Quality
CHS/khb
Enclosures: GC 3693
Certificate of Completion
Catawba Buffer Rules
cc: Creighton Call, Cresent Resources, LLC
124 West Union Street
Morganton, NC 28655
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0201 Ver2.CampLakeJames.Approval