20141089 Ver 1_Approval Letter_20141119

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 19, 2014
Sylvester L. and Linda J. Ebron
PO Box 3548
Frederick, MD 21705
John E. Skvarla, III
Secretary
DWR # 14 -1089
Craven County
Subject: ' APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Sylvester and Linda Ebron Property (118 Teufen Road, New Bern)
Dear Mr. and Mrs. Ebron:
You have our approval for the impacts listed below for the purpose described in your application dated
October 15,2014 and received by the Division of Water Resources (Division) on October 16, 2014. These
impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued
to you by the U.S. Army Corps of Engineers. 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:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount
Amount
Plan location/
Approved
Approved
Reference Attached
(units)
(units)
Permanent
Temporary
401/404 Wetlands
W1 (Single - Family
0.091 (acres)
0 (acres)
Site Map
Residence)
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: www.ncdonr.gov
An Equal Opportunity 1 Affumadve Aclion Employer —Made in part by recycled paper

Sylvester L. and Linda J. Ebron
DWR# 14 -1089
401APPROVAL
Page 2 of 4
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 and is responsible for complying
with all conditions.
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3890.
4. 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.
5. Re Opener Clause
Sylvester and Linda Ebron and their authorized agents shall conduct their activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Sylvester and Linda Ebron shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWR determines that such standards or laws are not being met (including the
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, DWR may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWR shall notify Sylvester and Linda Ebron
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to DWR in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
6. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, 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, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
7. This approval and their conditions are final and binding unless contested.

Sylvester L. and Linda J. Ebron
DWR# 14 -1089
401APPROVAL
Page 3 of 4
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 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:OOam and S:OOpm, 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: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 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 under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraueh @ncdenr.gov if you have any questions or
concerns.
Sincerely,
Robert Tankard, AssisqOp gional Supervisor
Water Quality Regionations Se ction
Division of Water Resources, NCDENR
Enclosure: GC 3890
Certification of Completion

Sylvester L. and Linda J. Ebron
DWR# 14 -1089
401APPROVAL
Page 4 of 4
cc: Tracey Wheeler, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File
Hollis R Brinklow, 40 Creighton Court, Martinsburg, WV 25404
Rick and Susan Young, 111 Felicity Lane, New Bern, NC 28562

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