20090159 Ver 1_No Written Concurrence_20090312

Aja
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 12, 2009
Mr. Horace Pearsall
1205 Airlie Road
Wilmington NC 28409
Subject Property: Horace Pearsall -1205 Airlie Road
Natural Resources
Dee Freeman
Secretarv
New Hanover County
DWQ Project #: 09-0159
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Pearsall:
You have our approval in accordance with the attached conditions, to construct a private fixed
pier, gazebo, floating dock, boatlift, and four boat slips as described in your CAMA Major
application received by the DWQ on February 17, 2009. After reviewing your application, we
have decided these impacts are below the threshold for written authorization as long as all
conditions of General Water Quality Certification Number 3626 (GC3626) are met. This
certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use the Regional General # 197800080 Permit when issued by the US
Army Corps of Engineers.
This approval is only valid for the purpose and design that is 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the 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.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NQjthCarolina
Phone [phone] Customer Service1-877-623-67, Naturally
FAX [phone] Internet: h2o.enr.state.nc.us
2
Horace Pearsall
New Hanover County
2009-0159
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, 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. If you have any questions, please telephone Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,
(Xj / /
wv/??
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3626
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Holley Snider - DCM Wilmington
Jim Hundley - P.O. Box 1646 Wrightsville Beach, NC 28480
WiRO
WQC #3626
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (AQUATIC HABITAT
RESTORATION, ESTABLISHMENT AND ENHANCEMENT ACTIVITIES) AND REGIONAL
PERMIT 197800080 (CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003 and
WQC Number 3495 issued March 28, 2003. This WQC is rescinded when the Corps of.
Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when
deemed appropriate by the Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an
WQC #3626
application fee to the Division of Water Quality. Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality. Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are intended to resolve a violation, or that are in association
with a development project shall require an application, fee, and written concurrence
from the Division of Water Quality.
4. Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
5. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
WQC #3626
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt"
from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
7. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout
waters);
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. If rip-rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse;
WQC #3626
13. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters; .
15. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ;
16. Standard Erosion and 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. 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.
18. 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 grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
WQC #3626
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
04..-
Alan W. Klimek, P.E.
Director
WQC # 3626
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State 'of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,

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