HomeMy WebLinkAbout20091006 Ver 1_Approval Letter_20090922A LV-WYWA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
September 22, 2009
Rick L. Fike
10 Waterlily Court
Medford, NJ 08055
DWQ Project # 09-1006
Beaufort County
Subject Property: Lot 55 Dowery Creek SD
Pungo River, Tar-Pamlico Basin, 030307, 29-34-(12), SB, 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. Fike:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.042 acres of wetlands, and 1808 square feet (ft) of Zone 2
protected riparian buffers for the purpose of residential lot development at the subject property, as
described within your application dated August 31, 2009 and received by the N.C. Division of
Water Quality (DWQ) on August 31, 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 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.
North Carolina Division of Water Quality Internet: www.ncwaterguality.orp
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Xaturallty
Page 2 of 4
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 0.042 acres Plat provided with application
Waters na (acres) na
Buffers 1808 (square ft. Zone 2 Plat provided with application
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
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 3 of 4
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. Diffuse Flow
All fill and grading in Zone 2 shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into Zone 1 as identified within 15A NCAC 2B .0259
(5). If this is not possible, it may be necessary to provide stormwater facilities that are
considered to remove nitrogen. This may require additional approval from this Office.
7. 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. It is a requirement that all previous fill in Zone 1,
as identified to you in a Notice of Violation from this office, is to be removed and
natural elevation and vegetation is to be restored.
8. 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, 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.
Page 4 of 4
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 Al Hodge of the Washington Regional Office
at 252-946-6481 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
Co een H. uS lliris
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, WaRO
File copy
Bryant Hardison, Wood Duck Land Surveying
42 South Teach's Point, Bath NC 27808