20090514 Ver 1_Approval Letter_20090615

ArTnA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 15, 2009
DWQ Project # 09 0514
Carteret County
Bob Hill Enterprises, Inc.
Attn: Robert Hill, Sr.
1301 E Main Street
Havelock, NC 28532
Subject Property: Ashley Place 3 Subdivision, Newport
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hill:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0.36 acres of jurisdictional wetlands for the purpose of constructing
subdivision roads and roadside ditches, as described within your application dated April 30, 2009
and received by the Wilmington Regional office (WiRO) on May 7, 2009 with additional
information received on June 4, 2009. After reviewing your application, it has been determined that
the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certifications allow you to use Nationwide Permit 29 when issued by the US Army Corps of
Engineers (USACE) provided that you can meet all of the conditions of these certifications.
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 stormwater 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 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. Additional
wetland impacts that may cause the impacts to exceed the 0.5 acre threshold will be required to be
submitted as an Individual Permit 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 15A NCAC 214.0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed below.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: vvvvw ncwaterauality org
An Equal Opportunity/Affirmative Action Employer
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North Carolina
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Customer Service 1-877-623-6748
Page Two
Bob Hill Enterprises, Inc.
Attn: Robert Hill, Sr.
DWQ # 090514
June 15, 2009
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
Wetlands
Jurisdictional 0.36 acres Drawing No. ECl sheet 2 of 14
(File)
2. Sedimentation and Erosion Control
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 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.
No Waste, Spoil, Solids, or Fill of Any Kind
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
Page Three
Bob Hill Enterprises, Inc.
Attn: Robert Hill, Sr.
DWQ # 090514
June 15, 2009
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by
this permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http://h2o.enr.state.nc.us/suLForms Documents.htm (enclosed).
6. Deed Notifications and/or Restrictions
A recorded copy of the DWQ deed notifications or the restrictive covenants or easements
required by the US Army Corps of Engineers and the associated preservation map approved by
the US Army Corps of Engineers Wilmington Regulatory Office must be submitted to this Office
and to the 401 Oversight and Express Unit in Raleigh prior to the impacts to wetlands and the
stream approved by this Certification can take place. These mechanisms shall be put in place
at the time lots or properties are recorded.
The Deed Notifications shall include the following paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity shall
fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, or
harm any vegetation; nor construct any structures or add any additional impervious
surfaces, on such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued compliance with
authorizations issued by the State of North Carolina, Division of Water Quality, DWQ
Project Number 09-0195, and therefore may be enforced by the State of North Carolina.
This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
7. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Page Four
Bob Hill Enterprises, Inc.
Attn: Robert Hill, Sr.
DWQ # 090514
June 15, 2009
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream 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. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
", ._.. , Division of Water Quality
Enclosures: GC 3705
Certificate of Completion
NCG 010000
cc: Michelle Benton - Municipal Engineering Services Company, P.A.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Mickey Sugg - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO