20041707 Ver 1_Approval Letter_20041215

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Gluality
Michael F. Easley, Governor
December 15, 2004
Mr. Joseph W. Bell
75 Edwards Drive
Belhaven, NC 27810
Subject Property:
Creekside Landing Subdivision
Pungo Creek [03-03-07, 29-34-35, SC NSW]
Approval of 401 Water Quality Certiffcation with Additional Conditions
Dear Mr. Bell:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1707
Beaufort County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.13 acres of wetlands for the purpose of a road crossing at the subject
property, as described within your application dated October 13, 2004 and received by the N.C. Division
of Water Quality (DWQ) on October 21, 2004. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of
Engineers (USAGE). 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 Division of Coastal Management 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 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 1501inear 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
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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Eaual Oo~ortunity/AffirmatNe Action Emolover - 50% Recycled/10% Post Consumer Paoer
NorthCarolina
~aturaltr~

Mr. Joseph Bell
Page 3 of 4
12/15/04
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B .0259 and GC 3404. ,
7. Written Stormwater Management Plan (Final Plan Needed)
An additional condition is that a final, written stormwater management plan (including a signed
and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 6 in GC No. 3404. The
stormwater management plan must include worksheets, plans and specifications for stormwater
management facilities that are appropriate for surface waters classified as Class C and designed to
remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the subject site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved
by this Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this
Office that the impervious area of the entire, built-out project shall be less than 30% and that
there are no pockets ofhigh-density development with concentrated impervious area over 30%
area within the project such as, but not limited to, commercial areas, multi-family, clubhouses,
maintenance areas, etc.
A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition.
8. 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 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe modified
as appropriate to suit to this project.
9. Culvert Installation
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
10 No Impacts to CAMA Coastal Wetlands
This letter includes approvals for impacts to fresh water wetlands jurisdictional under Section 404
& 401 of the Clean Water Act and does not approve impacts to LAMA Coastal Wetlands.
11. Certificate of Completion