20090163 Ver 1_Approval Letter_20090921

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 21, 2009
Mr. Tony Wesner
Rose Acre Farms
P.O. Box 1250
Seymour, IN 47274
Dee Freeman
Secretary
Re: Dowry Creek, Lot 62, Beaufort County; - AFTER-THE-FACT
DWQ Project No. 20090163; USACE Action ID. No. SAW 2008-02533
Pungo River [030307,29-34-5, SC, NSW]
Approval of 401 Water Quality Certification, and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Wesner:
Attached hereto is a copy of Certification No. 3810 issued to Mr. Tony Wesner and Rose Acre Farms, dated
September 21, 2009. This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0259. 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.
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28785
Wes Fryar, LMG, Inc., P.O. Box 2522, Wilmington, NC
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ, Washington Regional Office
DLR, Washington Regional Office
Doug Huggett, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC
File Copy
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
erely
Coleen Sullins
28402
28557
Filename: 090163 DowryCreekLot63 (Beaufort)401 _TPB R_IC
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Tony Wesner and Rose Acres Farms
Page 2 of 4
September 21, 2009
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 2H, Section.0500 to Mr. Tony Wesner and Rose Acre Farms, to fill or otherwise impact 0.56 acres of
404/wetland, and 0.00 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 0.00 square
feet of Zone 2 Tar-Pamlico River basin protected riparian buffers in the Tar-Pamlico River Basin, in association
with the After-the-Fact construction of Lot No. 62 within the Dowry Creek subdivision which is located off
Shoreline Drive, adjacent to the Pungo River, east of Belhaven, in Beaufort County, North Carolina, pursuant to
an application filed on the 6`h of February, 2009, and received by the DWQ on the 17th day of February 2009, and
by Public Notice issued by the USACE on the 4`h day of May, 2009, and received by the DWQ on May 4, 2009,
and by all additional information received by the DWQ on May 6, 2009, July 10, 2009, August 17, 2009, and
September 14, 2009.
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 and additional information received by DWQ. 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 15A 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:
Type of Impact Amount Approved Units Plan Location or Reference
404/401 Wetlands 0.56 acres Application and Public Notice
Buffers Zone 1 0.00 (square feet) Application and Public Notice
Buffers Zone 2 0.00 (square feet) Application and Public Notice
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.
Mr. Tony Wesner and Rose Acres Farms
Page 3 of 4
September 21, 2009
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.
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 404/401 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;
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released the
project.
Continuing Compliance:
Mr. Tony Wesner and Rose Acre Farms, 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 Mr. Tony Wesner and
Rose Acre Farms, 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 Mr. Tony Wesner and Rose Acre Farms, 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;
6. Mitigation Plan
As stated in your correspondence to the USACE, DWQ, and DCM, dated September 2, 2009, you have
committed to the following mitigation plan for the impacts that were previously contacted at the site:
a) Preservation of Lot No. 56 - 1.99 acres
b) Enhancement of Lot No. 56 - 0.07 acres
c) Restoration of a portion of Lot No. 62 - 0.136 acres
d) Restoration via purchase of 0.50 acres of non-riparian wetland credits from the NC EEP.
Mr. Tony Wesner and Rose Acres Farms
Page 4 of 4
September 21, 2009
Other conditions:
7. 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 at the time lots or properties are recorded. A sample deed notification
can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet_buf_compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
8. Diffuse Flow (Review)
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse
manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If
this is not possible it may be necessary to provide stormwater facilities that are considered to remove
nitrogen and phosphorus since the project is in the Tar-Pamlico River Basin.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, 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 Oversight/Express Review Permitting 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 CAIVIA 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. 7 CHS/cbk/Ym
3810
This the 21 s` day of September
DIVIS OF AT
Coleen Sullins