20071048 Ver 1_Approval Letter_20070720

O~OF W A T ~9pG Michael h. Easley, Governor
~ William G. Ross .Ir., Secretary
r Noah Carolina Department of Environment and Natural Resources
~ ~
0 .,r Coleen }l. Sullins, Director
Division of Water Quality
July 20, 2007
DWQ Project # 07 1048
Carteret County
Gregory and Mindy Dennis
7124 Canal Drive '~ ~ _~
Emerald Isle, NC 28594 ~ ~ ~ ~' ~~ `~ ~ ~ ,
~,
Subject Property: 7124 Canal Drive, Emerald Isle .
~ ,~ ~~
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. And Mrs. Dennis:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.0096 acres of jurisdictional Wetlands for the purpose of constructing a driveway to access your
house as described within your application dated June 14, 2007. After reviewing your application, it has
been determined that the impacts are covered by General Water Quality Certification Number(s) 3631
(GC3631). The Certification(s) allows you to use Nationwide Permit 18 when issued by the US
Army Corps of Engineers (USAGE). 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. 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.
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 A roved (Units) Plan Location or Reference
Stream N/A (feet)
404/401 Wetlands 0.0096 acres Attached drawing
Waters N/A (acres)
One
No hCarolina
~aturall~
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: ~iyw<,ncyaterquality.cng Location: 512 N. Salisbury SL Raleigh, NC 276(14 Fax [phone] I-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10°/ Post Consumer Paper

Page Two
Gregory and Mindy Dennis
DWQ # 07-1048
July 20, 2007
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.
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.
5. 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 maybe modified
as appropriate to suit to this project. Please provide this Office with a copy of the deed
notification or similar mechanism after it has been recorded, within ninety (90) days from
the issuance of this permit).

Page Three
Gregory and Mindy Dennis
DWQ # 07-1048
July 20, 2007
6. Protective Fencing
Protective Fencing of the outside wetland boundary and along the construction corridor
within the boundary 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 wetland prior to any land disturbing activities.
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 LAMA 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 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,
l ~'~~^6~P1(~1.~-Q.t.~ 171.0--~~--~ ~~tic.SLsCl~o
~~
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3631
Certificate of Completion
cc: Charles A. Rawls -Charles A. Rawls and Associates
Building Inspector -Emerald Isle
Ian McMillan -DWQ 401 Oversight Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett -DCM Morehead
Ryan Davenport -DCM Morehead City
Central Files
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