20041713 Ver 1_Draft Approval Letter_20050318

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The The Nassau Corporation
PO Box 151
Raleigh, NC 27602
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 18, 2005
Re: Lot 113 in Dolphin Ridge Subdivision, Carteret County
DWQ #041713; USACE Action ID. No. 200200769
APPROVAL of 401 Water Quality Certification
Dear Sirs:
Attached hereto is a copy of Certification No. 3504 issued to The Nassau Corporation, dated March 18,
2005. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Noelle Lutheran, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Frank H. Sheffield, Jr., Ward and Smith, P.A., PO Box 867, New Bern, NC, 28563-0867
Filename: 041713Nassau (Carteret)401
Noe Carolina
401 Wetlands Certification Unit Natur lllf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands

The Nassau Corporation
Page 2 of 4
March 18, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 (DWQ)
Regulations in 15 NCAC 21-1, Section .0500 to The Nassau Corporation to fill 0.08 acres of jurisdictional
wetlands in the White Oak River Basin, associated with the construction of lot 113 in Dolphin Ridge
Subdivision in Carteret County, North Carolina, pursuant to application filed on the 25th day of October of
2004 and February 24, 2005, and in additional correspondence received January 25, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 1SA NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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 N/A (feet)
404 Wetlands 0.08 (acres) Lot 113, Dolphin Ridge Subdivision
Waters N/A (acres)
Buffers
ft.)
N/A (square
Sediment and Erosion Control:
2. 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
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The Nassau Corporation
Page 3 of 4
March 18, 2005
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.
3. 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 404/40 1 Permit 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;
4. 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 has released the project;
Continuing Compliance:
The Nassau Corporation shall conduct construction activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of State law and federal law. If the
Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify The Nassau
Corporation and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to The Nassau Corporation in writing, shall be
provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project;
Mitigation:
6. Mitigation must be provided for the proposed impacts as specified in the table below. The
compensatory mitigation plan must be completely constructed and implemented according to the
plans approved by this Office prior to placing the approved fill in Section 404 Wetlands on lot 113.
The mitigation must be maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Any repairs or adjustments to the mitigation site
must be made according to the approved plan or must receive written approval from this Office to
make the repairs or adjustments.
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The Nassau Corporation
Page 4 of 4
March 18, 2005
Compensatory Credit Mitigation Required
Stream N/A (feet)
Wetlands 0.10 (acres)
Waters N/A (acres)
Buffers N/A (square feet)
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 this office and to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Deed Notifications
Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands on lot
113 in Dolphin Ridge Subdivision in order to prevent future wetland impacts. 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.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 18th day of March 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
3504
AWK/cbk