20051461 Ver 1_Approval Letter_20050908

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OF WA7F9 Michael F. Easley, Governor
OG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co r
> y Alan W. Klimek P.E., Director
p Division ot? Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 8, 2005
Widgeon Creek Hunt Club, LLC
c/o Mr. Ben H. Ramsey
621 Maple Avenue
Asheboro, NC 27203
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
201 Black Duck Road, Davis, NC
DWQ Project # 051461
Carteret County
Dear Mr. Ramsey:
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located on your property at 201 Black Duck Road, Davis, in Carteret County. This
approval allows you to:
1. Maintenance dredge a 1500' X 20' area (1,840 cubic yards) in Impoundment #1.
2. Maintenance dredge a 350' X 20' area (285 cubic feet) in Impoundment # 2.
3. Use the excavated material to bring up the height of the dike around the impoundment #1 at the
southwestern end and on the western end of impoundment #2.
4. Install four (4) additional flashboard risers and replace one flashboard riser to have better control
of the water levels within the impoundments. This includes 40 square feet of shallow bottom
habitat and 90 square feet of vegetated wetlands for the placement of the culverts for the risers.
5. Fill a 175'X 14' section of coastal marsh on the dike improvement for impoundment #1.
6. Stabilize a shoreline with the use of 20 CY of stone on a 75' X 3' area of shallow bottom habitat.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality (DWQ) Wilmington regional Office (WiRO) on
August 03, 2005. After reviewing your application, we have determined that General Water Quality
Certification Number 3400 covers this activity. This Certification can also be found on line at:
http:/ih2o.enr.state.ne.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit
when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional
Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal
Stormwater. In addition, this approval will expire when the accompanying CAi\IA Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Ndtimally
Page Two
Ben H. Ramsey
DWQ Project # 051461
September 8, 2005
1. 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 Notice Application. 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.
2. 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 this office and a copy to the
4010versight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Please notify this Office at the number listed below if any problem arises during the construction.
of the project that may affect water quality.
Please read the General Certification # 3400 (enclosed). 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 conforming 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 DWQ Permit #051461 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincerely,
1, Z Alan W. Klimek, P.E., Director
' Division of Water Quality
Enclosures: GC # 3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Henry Wicker
DCM Morehead - Mark Hardeman
DCM Morehead - Doug Huggett
401 Oversight/Express Review Permitting Unit - Ian McMillan
WiRO
Trd %-.) 0. V
IN 0- T
11,
CAM A r
I
WQC #3400 ????? 18 fiNO
CAMA PERMIT CERTIFICATION C;`3 A M A PER M I
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement 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 15 NCAC 21-1, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B.0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of 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 conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
Z
WQC #3400
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 that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality 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: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
P
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Certification of Completion
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/Wetlands 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, , 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:
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.
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,
Signature: Registration No. Date