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HomeMy WebLinkAbout20120220 Ver 1_Approval Letter_20120312JIVZX-�w MCDEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Larry and Linda Batson Teresa Batts 590 Belt Road Hampstead NC 28443 Subject Property Director March 12 2012 Dee Freeman Secretary DWQ Project # 12 0220 Pender County Batson/Batts Road Crossing, Surf City Approval of 401 Water Quality Certification with Additional Conditions Dear Mr and Mrs Batson and Mrs Batts You have our approval in accordance with the attached conditions and those listed below to permanently impact 0 04 acres ofjurisdictional wetlands and impact 30 linear feet of stream for the purpose of a road crossing to access your properties as described within your application dated January 25 2012 and received by the Wilmington Regional office on March 2 2012 After reviewing your application it has been determined that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820) The Certification(s) allows you to use Nationwide Permit 14 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 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 1650 Mall Service Center Raleigh North Carolina 27699 1650 Phone 919 707 8600 1 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer 50/ Recycled 110 h Post Consumer Paper NorthCarollna Natunilly Larry and Linda Batson Teresa Batts DWQ Project # 2012 0220 March 12 2012 Page 2 of 3 2 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 3 No Sediment & Erosion Control Measures within 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 weeks 4 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 enclosed 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 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 Attachment Sincerely Carl Wakild P E t11-L— Division of Water Quality Amount Approved Units Plan Location or Reference Stream 30 feet Road Crossing attached 404 Wetlands Permanent impacts 0 04 acres Road Crossing attached 2 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 3 No Sediment & Erosion Control Measures within 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 weeks 4 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 enclosed 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 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 Attachment Sincerely Carl Wakild P E t11-L— Division of Water Quality Larry and Linda Batson Teresa Batts DWQ Project # 2012 0220 March 12 2012 Page 3 of 3 Enclosures GC 3820 Certificate of Completion cc Ian McMillan Wetlands Buffers Stormwater Compliance and Permitting Unit Raleigh Ronnie Smith USACE Wilmington Regulatory Field Office Stephen Rynas DCM Morehead City WiRO E E ♦ �j� O(P p \ v � y k E E IsSE ` E k F \ rn Rnzzz A LW E p 91 E V V 8 � g E E E E `10 `arb _ �► E Lill E k �3 �rp'i�r E �3 E E E Lai E ,v0 IN CA i A�c E 60� 891 �8j L86 L85 / ti�� �olrh k E E c \� E k k E w C k E ti 97 . m z E E E E ��� / i►4 E LLLI 9 r m N A E k G C� I-- 1 I Al N t O V 7 ~, O s L97 k �sC C� z E ( n E �- C- m 0 z co Z m o = \ (b J � N �J p/- m m rnmmC) ��'TIm E i I p mm r*i x x x(j)L, u�� E =azz z C) _. _