HomeMy WebLinkAbout20090911 Ver 1_Approval Letter_20090911NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 11, 2009
Allan Ballance
6033 N. Lake Road
Fairfield, NC 27826
DWQ Project # 09-0911
Hyde County
Subject Property: Ballance Property
Lake Mattamaskeet, Tar-Pamlico Basin, 030308, 29-57-1-1, SC
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. Ballance:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.04 acres of wetlands for the purpose of
backfill behind a retaining wall at the subject property, as described within your
application dated August 12, 2009 and received by the N.C. Division of Water Quality
(DWQ) on August 19, 2009. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US
Army Corps of Engineers (USACE). 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 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, and Non-discharge 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. If the property is sold, the new owner must be given a copy of this
North Carolina Division of Water Quality Internet: www.ncwaterqualily.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
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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 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:
Amount Approved
(Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands 0.04 (acres) Plat provided with application
Waters na (acres) na
Buffers None (square ft.) none
2. Erosion & Sediment Control Practices
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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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.
5. 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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
6. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses
and activities designated as "exempt" within 15A NCAC 02B .0259), unless
otherwise approved by the DWQ.
7. No Impacts Beyond those in Application
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.
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,
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N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described
within 15A NCAC 2B .0259. If you have any questions, please telephone Kyle Barnes of
the Washington Regional Office at 252-946-6481 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
-ii-_
Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
File copy