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HomeMy WebLinkAbout20141081 Ver 1_Approval Letter_20141114A 741LA MCDENR 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 -November 14, 2014 DWR # 14 1081 Mffl Ons low County Robert C Haa&,4 , A1 ` '�� P .� l 891 Banford Ct. I E Marietta, GA 30068 NOV 191014 Subject Property: 670213 th Avenue, North Topsail Beach 0ENR- E_A1,g0 QU, ,'.,ry CST �.. APPROVAL OF 401 WATER QUALITY CERTIFICATION) ITHIA`Er? pEk, v(! i i ING ADDITIONAL CONDITIONS Dear Mr. Haag: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.067 acres of wetlands as described in your Division of Coastal Management application dated October 10, 2014 and received by the Division of Water Resources (Division) on October 10, 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. 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, Water Supply Watershed, 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 requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 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: Ndmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 'hone 910 - 796 -72151 FAX 910 - 350 -20041 DENR Assistance 1- 877 -623 -6748 ntemet www ncwaterquality org 1n Equal Opportunity 1 Affirmative Action Employer Robert C. Haag DWR Project # 141081 November 14, 2014 Page 2 of 5 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 Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502 1. 3. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. The applicant /permitee 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. 5. 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 months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. 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. <4 Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404/401 Wetlands W1 Permanent Temporary (0.067 ac) Figure 2, Figure 3 and Figure 4 (attached) 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 Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A NCAC 02H .0501 and .0502 1. 3. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. The applicant /permitee 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. 5. 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 months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. 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. <4 Robert C. Haag DWR Project # 141081 November 14, 2014 Page 3 of 5 7. Wetland Boundary Identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained until the project is completed. 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 9. Deed Notification /Mitigation Deed notifications shall be placed on all retained jurisdictional wetlands, waters and protective buffers on the remaining lot in order to assure compliance for future wetland, water and buffer impacts. This mechanism shall be recorded prior to construction on the lot. A sample deed notification can be downloaded from the 401 and Buffer Permitting Unit website at http• / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms. (15A NCAC 02H .0501 and .0502). A recorded copy of the deed notifications or restrictive covenants (if required by the USACE) for the remaining wetlands on the property shall be included with the Certification of Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must also be complied with. 10. 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 and /or authorized agent is required to return a copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten days of project completion (available at: http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). Robert C. Haag DWR Project # 141081 November 14, 2014 Page 4 of 5 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 or CAMA 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 1506 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, Fed Ex, 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 V Robert C Haag DWR Project # 141081 November 14, 2014 Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns. Sincerely, Jim Gregson Regional Supervisor DWR Wilmington Regional Office Enclosure: GC 3890 cc: Terrie Woodle — Town of North Topsail Beach Jonathan Howell — DCM Morehead City Tyler Crumbley— USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ Webscape Unit WiRO 1004 I � 1 ^n S�al� sz, = 1 l+ X _ S4 L .Ors f� 6 C� qNr� L4) A C- rj- �p Z'A Opt-, (-fs �r•r�r� � .1•.1 6,6,j,-` w-' I\ 6e- t4 ©L�evf l ��G �I (' 7�Ao , lo 6 � 3� X - sue` }. Jq A (;:) A.- L. 3) busk OC;M Wl'I.MINGTON, 1' c' r �"- 'X I T LI � r r d d q v V -- s +—t T P Y_ Ii \ S u t2 Z 'r w \ i\ L F P > P (n u T r -ti � h � r 67\ s W � f L W v ti P- t t ny h -Y p fi tT rQ n 'X I T LI � r r d d q v V -- s +—t T P Y_ Ii \ S 1 \ i\ L F P > ° (n u r -ti � s r a i 4 1 c W L W v ti P- t t ny h -Y p S \ r TIC S F P Z7 c L W v ti t ny h -Y p fi �Ls'c4'ixA V`! J h 7 0 1 4 I 3 �4- 0 3 �i 0 -t- ci. T S 41 ; e ; C� of m I� t i � r i a f S n In LtJ e a J � v � v y --.4— v < E� 9, LA m @� e :3 o C CD W ro � c o m _a c O D Q I I t1• I = -}- il QT 7 ) \ 6NiUMViiGTON, MY 4 bt i a f S n In LtJ e a J � v � v y --.4— v < E� 9, LA m @� e :3 o C CD W ro � c o m _a c O D Q I Pat McCrory Governor October 10, 2014 �.A NCDENR North Carolina Department of Environment and Natural Resources John E. Skvarla, III RECEIVED Secretary Division of Coastal Management MEMORANDUM: FROM: SUBJECT: Applicant: Joanne Steenhuis 401 Wetlands DWR - WiRO NUV 19 2014 DENR-LAND � T STORMWATER 0 I 1 V OCT 204 L � Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review Robert Haag Project Location: 6702 le Ave., adjacent to Stump Sound, in N. Topsail Beach, Onslow County Proposed Project: Construction of a single-family residence with associated §404 type wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by November 3, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. 4(0/ vi rc / "f ' REPLY: This agency has no objection to the project as proposed. tf/lgl.4 This agency has no comment on the proposed project. JZ11(3 This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE _ 7" :)01 1 N C Division of Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-72151 FAX 910-395-3964 Internet www nccoastalmannement,net An Equal OppMumtyI AlflrmaUve Acbm Employer