20061803 Ver 1_Approval Letter_20070105

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 5, 2007
Mr. Michael Murray
1545 Catalpa Street
Norfolk, VA 23508
Subject Property:
152 Egret Lane
Currituck Sound [030154, 30-1, SC]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1803
Currituck County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Murray:
You have our approval, in accordance with the attached conditions and those listed below, to fill
0.079 acres of 404/wetland,: and 0.1072 acres ofnon-vegetated wetland/shallow
bottom/Estuarine Waters/Public Trust Waters, and, for the purpose of constructing the proposed
bulkheads and fill isolated freshwater wetland at the subject property, as described within your
application dated October 12, 2006, and received by the N.C. Division of Water Quality (DWQ)
on November 16, 2006. 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 (USAGE). 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 1501inear feet of stream, compensatory mitigation may
be required as described in 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:
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn•//h2o.enr.state.nc.us/ncwetlands
IVY Carolina
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An Equal Opportunity/Affirmative Action Employer:- 50% Recycled/10% Post Consumer Paper

Mr. Michael Murray
Page 2 of 4 ~ ~~
January 5, 2007
Amount A roved Units Plan Location or Reference
404/wetland 0.079 (acres -fill DCM Field Investi ation Re ort
Non-vegetated wetland/shallow 0.1072 (acres) -fill DCM Field Investigation Report
bottom/Estuarine Waters/Public
Trust Waters
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
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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401Permit 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;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15 NCAC 2H, Section .0500;
6. Deed Notifications -Deed notifications or similar mechanisms shall. be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. 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. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;

Mr. Michael Murray
Page 3 of 4
January 5, 2007
7. Construction Stormwater Permit NCGO10000
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/su/Forms Documents. htm. ;
Certificate of Completion:
8. 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.
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.
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
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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Kyle Barnes, in the DWQ Washington Regional
Office at 252-946-6481.
AWK/ijm

Sinc~erel
Alan W. Klimek, P.E.
Enclosures: GC 3400

Mr. Michael Murray ~ ~.
Page 4 of 4
January 5, 2007
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
Filename: 061803152EgretLane(Cun-ituck~101 _CAMA

Certification of Completion
DWQ Project No.:
county:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Comnietion
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 OversightBxpress Permitting Unit,
North Carglina 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 Roles, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent'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 CertiScation and Buffer Roles, the approved plans and specifications,
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 Roles, the approved plans and
specifications, and other supporting materials.
Signature:
Registration No.
Date
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