HomeMy WebLinkAbout20130653 Ver 1_Approval Letter_20140425�� a A
� DE
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 25, 2014
Duplin County
DWR Project #: 13 -0653
North Carolina Department of Environment & Natural Resources
Ecosystem Enhancement Program
Mr. Tim Baumgartner
1652 Mail Service Center
Raleigh, NC 27699
Subject Property: Muddy Run II Stream & Wetlaird Mitigation Project — Beulaville, NC
Cape Fear River Basin [03030007; C; Sw]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baumgartner:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.158 acres of 404 wetlands and to impact 10,314 linear feet of stream for the purpose of a wetland
and stream mitigation project at the subject property, as described within your application received
by the Division on March 31, 2014. After reviewing your application, the proposed impacts are
covered by General Water Quality Certification Number(s) 3885 (GC3885). The Certification(s)
allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers
(USACE). 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 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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -7215\ Internet: www,ncdenr.gov
An Equal Opportunity ? Affirmative Action Employer - Made in part by recycled paper
2
Muddy Run II Stream & Wetland Mitigation Project
Duplin County
2013 -0653
The Additional Conditions of the Certification are:
1. Impacts Approved
Type
Amount Approved This Version
(Units)
Plan Location or Reference
404 Wetlands (Permanent)
(0.078 acres)
PCN Application page 4 of 10
404 Wetlands (Temporary)
(0.08 acres)
PCN Application page 4 of 10
Stream 1
10,314 linear feet
PCN Application page 4 of 10
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 Certification. If you
change your project, you must notify the Division and you may be required to submit a new
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 Certification (s) /Permit/Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4. Mitigation Credit
Approval and issuance of the 401 Water Quality Certification means that DWQ has determined
that the proposed activity will not remove or degrade significant existing uses of the surface
water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for
the project.
5. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including failure to sustain a designated or achieved use, or that State or Federal law is being
violated, or that further conditions are necessary to assure compliance, than the Division may
reevaluate and modify this General Water Resources Certification.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that
is to be left undisturbed. The permittee must maintain the fencing, at a minimum, until the
Division of Energy, Minerals and Land resources, Land Quality Section, releases the site from
their sedimentation and erosion control requirements. The fencing must then be removed within
6 weeks.
3
Muddy Run I1 Stream & Wetland Mitigation Project
Dupli ,County
2013 -0653
7. 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 Resources, 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.
This approval and its conditions are final and binding unless contested.
This Certification 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 http: / /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
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
Unless such a petition is filed, this Certification shall be final and binding.
4
Muddy Run II Stream & Wetland Mitigation Project
Duplm County
2013 -0653
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
4 o
J> regson, Region 1 Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3890
cc: Steve Blanchard — Steve Blanchard Engineering, 2207 Granville Drive, Goldsboro, NC
27530
Brad Shaver — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO
Certification ®f Completion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date