20071537 Ver 1_No Written Concurrence_20071001

~~0~ W A r~9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
tp`' North Carolina Department of Environment and Natural Resources
_ -i
U 'C' Coleen H. Sullins, Director
Division of Water Quality
October 1, 2007
Onslow County
DWQ Project #: 071537
New Beginnings Construction
Attn: Jody Cavanaugh, President
PO Box 397
Richlands, NC 28575
Subject Property: Forbes Estates Subdivision
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Cavanaugh:
You have our approval, in accordance with the attached conditions; to impact 0.100 acres of wetlands
to construct a road to access a proposed residential subdivision on the subject property as described in
your application dated July 23, 2007 and additional information received by the Wilmington
Regional Office on September 17, 2007. After reviewing your application, we have decided this fill
is below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3631 are met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.ushicwetlands. This Certification allows you to use the Nationwide 29 Permit
when issued by the US Army Corps of Engineers
This approval is only valid for the purpose and design that you described in your application. If you
change your prof ect, 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 wetland fills for this project (now or in
the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires
or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present as depicted on the jurisdictional determination map approved by
the US Army Corps of Engineers. The wetland boundary identification (flagging,
fencing, etc.) must be maintained on each lot until the lot is sold.
2. Deed notifications or similar mechanisms (restrictive covenants as required by the
Corps) shall be placed on all retained jurisdictional wetlands, waters and protective
buffers in order to assure compliance for future wetland, water and buffer impact.
These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification
may be modified as appropriate to suit to this project. A recorded copy of the deed
notifications must be submitted to this Office and to the 401 Oversight and Express Unit in
Raleigh before the impacts to wetlands approved by this Certification can take place.
North Carolina Division of Water Quality ] 617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Interne[: www.ncwaterquality or'~ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Page Two
New Beginnings Construction
Attn: Jody Cavanaugh, President
DWQ Project #: 071537
October 1, 2007
3. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
4. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the
Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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 at 919-715-
1786 or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
..-~ ;;
f- ;
,,
j~ • `~ ~Z~.__
~3oanne Steenhuis
/Senior Environmental Specialist
Enclosures GC 3631
Certification of Completion
cc: Michelle Clements, PE -The East Group Central Files
Ian McMillan -DWQ 401 Oversight Unit WiRO
Brad Shaver -Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City