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
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