HomeMy WebLinkAbout20071958 Ver 1_Approval Letter_20071126Q~QF ~l Ar<Cin pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
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~ `< Coleen H. Sullins, Director
Division of Water Quality
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November 26, 2007
DWQ Project # 07-1958
Hyde County
Mr. Gene Fox
Mattamuskeet Management & Consulting
Post Office Box 128
Fairfield, NC 27826
Subject:. Genera1401 Water Quality Certification #3642
Mattamuskeet Barge Canal Maintenance Group
t ~ Alligator River, Pasquotank River Basin
Dear Mr. Fox:
The Washington Regional Office received your application for a CAMA Major Permit from the Division of
Coastal Management on November 20, 2007. The impacts,;proposed are for 51,100 square feet of maintenance
dredging with spoils being placed in an upland area for disposal as described in your application. This
Certification can also be found on line at: http:1/h2o.enr.state.nc.us/ncwetlands/certs html. You are authorized to
proceed with your project as proposed under General Water Qaality Certification (WQC) #3642 (enclosed). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it. This written concurrence from the Division of Water Quality (DWQ) requires that you can meet all of the
conditions of the General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or if there
are any additional impacts to wetlands or water quality not described in-your application, you must contact
this office immediately.
If you have any questions concerning this matter, please contact Roberto Scheller of this Office at (252)-948-
3940.
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Enclosure: GC 3642
Certification of Completion
cc: Raleigh Bland, USACE, Washington Filed Office
Ian McMillan, DWQ 401 Oversight Unit
David Moye, Express Permits Coordinator
Central Files
WaRO
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
North Carolina Division of Water Quality Internet: www ncwaterguality org
943 Washington Squaze Mall Phone (252) 946-6481
Washington, NC 27889 Fax (252) 946-9215
Noi thCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
WQC #3642
CAMA PERMIT CERTIFICATION
198000291 198000048 198700056197800080 197800125 and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3,12. 14. 18, 27.29.33.35.39, and 43, WHEN APPLIED
TO CAMA PERMITS. AND RIPARIAN AREA PROTECTION RULES (BUFFER RULESI
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence fora 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
WQC #3642
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
~~~
Alan W. Klimek
Director
WQC # 3642
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
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401
Water Quality Certification:
Certi1'tcate 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 this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.'
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, ~ , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No.
Date
County:
~~
~~ n~~g y.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/