20081669 Ver 1_Approval Letter_20081231

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 31, 2008
Mr. Jimmie L. Morris
Post Office Box 465
Vanceboro, NC 28586
Subject Property:
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-1669
Craven County
Morris Street Ferry Road Mine (Property ID# 1-037-003 & 1-037-051)
Swift Creek, Neuse River Basin
Approval of 401 Water Quality Certification with Additional Conditions and
APPROVAL of Isolated Wetlands Permit
Dear Mr. Morris:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.75 acre of
isolated wetlands in order to construct a sand mine at the subject property, as described within your
application dated November 6, 2008, and received by the Division of Water Quality on November 6,
2008. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 100000 (GC 100000). It has been determined that this fill is covered by
the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also, this 401 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. The Isolated Wetlands Permit will expire upon the expiration date of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
This approval is for the purpose and design 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 Permit 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 Permit
and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper Naturallff
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Page 2 of 3
December 31, 2008
Amount Approved (Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands (acres)
Isolated Wetlands 0.75 acres Impact Area 41 & 2
Waters (acres)
Buffers (square ft.)
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.
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 /Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. Jimmie L. Morris
Page 3 of 3
December 31, 2008
Violations of any condition herein set forth may result in revocation of this Permit 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 Permit, shall expire upon
expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of
the Division of Water Quality.
If you do not accept any of the conditions of this Permit (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 Permit 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 the Clean Water Act and Isolated
Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please
telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Roberto Scheller in the
DWQ Washington Regional Office at 252-948-3940.
Si cerely,
L
For Coleen n lins
Enclosures: IW GP100000
Certificate of Completion
cc: Luke Tuschak, Withers & Ravenel
U ACE Washington Regulatory Field Office
WQ 401/Express Office
DLR WaRO Regional Office
File Copy
Filename: 08-1669