20081131 Ver 1_Approval Letter_20080916

F WAIF
Michael F. Easley, Governor
x Q
William G. Ross Jr., Secretary
h' r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 16, 2008
Beaufort County
DWQ Project No. 20081131
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. William Dorn
P.O. Box 2754
Washington, NC 27889
Dear Mr. Dorn:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Site Number Wetland Fill
acres
Lot 71 0.0125
The project shall be constructed in accordance with your application dated received July 31, 2008 for the purpose of filling
404 wetlands in order to construct a driveway access to your property located at Lot 71 in the Pirate Cove subdivision off NC
32 (River Rd) in Beaufort County. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit issued by the US Army Corps of Engineers.
This approval invalid solely for the purpose and design described in your application (unless modified below). Should your
project change, you must notify the DWQ and submit 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 the conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future)
exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For
this approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) The permittee and its authorized agents shall conduct its 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 DWQ determines 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, DWQ may reevaluate and modify this certification.
2.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
3.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
4.) 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.
No?ZthCaroly
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] Qt1lrQa
FAX [phone] Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10°/6 Post Consumer Paper
5.) 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 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-H, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control
requirements contained within Design Standards in Sensitive Watersheds (I 5A NCAC 04B .0124) supercede
all other sediment and erosion control requirements.
6.) 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 or locally delegated program
has released the project.
7.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
8.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-
site project manager.
9.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form"
to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401 /Wetlands Unit of the Division of Water Quality upon completion of
the project.
If you do not accept any of the conditions of this certification, 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 that conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447.
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. If you have any
questions, please contact Garcy Ward at [phone].
A
for toeen Su
Attachment
cc: Mir. David Schaeffer, US Army Corps of Engineers, Washington Field Office
?Ian McMillan, DWQ, 401/Wetlands Unit
Central Files
File Copy