20090019 Ver 1_Approval Letter_20090205

O??F W AT F9QG Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
r North Carolina Department of Environment and Natural Resources
-i
O Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
February 5, 2009
Scott W. Busbey
PO Box 333
Buxton, NC 27920
DWQ Project # 09-0019
Dare County
Subject Property: Bushey, Parcel 1 Crossway Road
Pamlico Sound, Pasquotank Basin, 030155, 30-22, SA, HQW
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Busbey:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.09 acres of wetlands for the purpose of constructing a
driveway at the subject property, as described within your application dated December 31, 2008
and received by the N.C. Division of Water Quality (DWQ) on January 6, 2009. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide
Permit(s) 14 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 CAMA 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 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 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:
1. Impacts Approved
PapeNorth Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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tsuseey:
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2/5/09:
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
Stream na (feet) na
404/CAMA Wetlands 0.09 (acres) Plat provided with application
Waters na (acres) na
Buffers na (square ft.) na
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding
Resource (ORW) waters, then the sediment and erosion control requirements
contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
supercede all other sediment and erosion control requirements.
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 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Busbey:
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2/5/09:
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
8. The applicant/permittee and their authorized agents shall conduct all 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 the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
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
Busbey:
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2/5/09:
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act 15A NCAC 02H..0500. If you have any questions, please telephone Kyle Barnes of
the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express
Unit at 919-715-4631.
Sinc ely,
for Coleen H. Su Tins
Enclosures: Certificate of Completion
GC 3704
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Elizabeth City
File copy
Filename: 09-0019