HomeMy WebLinkAbout20090058 Ver 1_Approval Letter_20090226WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 26, 2009
Frederick Francis
1300 Oliver Bldg.
Pittsburgh, PA 15222-2304
DWQ Project # 09-0058
Dare County
Subject Property: 57027 Kohler Drive, Hatteras
Slash Cr., Pasquotank Basin, 030155, 30-22, SA, HQW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Francis:
You have our approval, in accordance with the attached conditions, to place fill material
within or otherwise impact 0.021 acres of coastal wetlands to rebuild a deteriorated
retaining wall as described in your application received by the Division of Water Quality
(DWQ) 401 Oversight/Express Review Permitting Unit on January 14, 2009. After
reviewing your application, we have determined that the Division of Water Quality
(DWQ) General Water Quality Certification Number 3400 covers these water impacts.
This Certification allows you to General Permit No. 198000291 when issued by the US
Army Corps of Engineers (USACE). In addition, you should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations and
CAMA. 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
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
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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:
Amount Approved
(Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands 0.021 (acres) Plat provided with
application
Waters na (acres) na
Buffers na (square ft.) na
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3642
4. No Impacts Beyond those in Application
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.
5. No Sediment and Erosion Control Measures in Wetlands
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
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grade restored within six months of the date that the Division of Land Resources or
locally delegated program has released the project.
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 water 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 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 and the Tar-Pamlico riparian buffer protection rule as described
within 15A NCAC 2B .0259. 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.
S' cerely,
oz, Co en H. ullins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, Elizabeth City
File copy
File: 09-0058