HomeMy WebLinkAbout20130765 Ver 2_Approval Letter_20140221NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 21, 2014
NAD Development, LLC
Attn: Mr. Anthony W. Sydes
PO Box 7122
Jacksonville, NC 28540
D W R # 13 -0765 V2
Craven County
Subject: APPROVAL OF ISOLATED AND OTHER NON -404 JURSIDICTIONAL WETLANDS AND
WATERS GENERAL PERMIT WITH ADDITIONAL CONDITIONS
LINDENRAIN SUBDIVISION
Dear Mr. Sydes:
You have our approval for the impacts listed below for the purpose described in your application dated
November 20, 2013 and received by the Division of Water Resources (Division) on December 4, 2013
with subsequent information received on February 20, 2014. These impacts are covered by the
attached State General Permit for impacts and other non -404 Jurisdictional wetlands and waters
Number IWGP100000 and the conditions listed below. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the General Permit are met. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount
Amount
Plan location/ Reference Attached
Approved
Approved (units)
(units)
Temporary
Permanent
Stream
NA
NA
404/401
NA
NA
Wetlands
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252- 946 -64811 FAX: 252-975-3716
Internet: wm.ncwater.orc
An Equal Opportunity I ARrmauve Action Employer
NAD Development, LLC
Attn: Mr. Anthony W. Sydes
DWR # 13 -076 V2
401 AND ISOLATED WATERS APPROVAL
Page 2 of 3
Isolated
Wetlands
W -1
0.22 (acres)
0 (acres)
Wetland Impact Plan
W -2
0.05 (acres)
0 (acres)
W -3
0.12 (acres)
0 (acres)
W -4
0.07 (acres)
0 (acres)
Open Waters
NA
NA
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the General Permit. If you
change your project, you must notify the Division and you may be required to submit anew
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Permit and is responsible for complying with all
conditions.
3. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
impacted. This shall be done during the initial stage of construction.
4. Upon completion of all work approved within the General Permit, any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401 & Buffer Permitting Unit, NC Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC 27699 -1650.
5. This approval and its conditions are final and binding unless contested.
This General Permit can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
NAD Development, LLC
Attn: Mr. Anthony W. Sydes
DWR # 13 -076 V2
401 AND ISOLATED WATERS APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division for the Isolated Wetlands and Isolated Waters Rules.
Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraueh(@ncdenr.aov ifyou have
any questions or concerns.
Sincerely,
n
David May, P G
Regional Supervisor
DWR Water Quality Regional Operation Section
Washington Regional Office
Enclosure: I W G P100000
Certification of Completion
cc: Emily Greer, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
John G. Thomas, Thomas Engineering, PA (via email)
File