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Home My WebLink About20150010 Ver 1_Approval Letter_20150204M4 HCDENR North Carolina Department of Environment and Natural Resource� Pat McCrory Governor February 4, 2015 Donald R. van d8TVaart Secretary DVVR#15OODJ Pender County Wayne [.Lichtenberger 3433 Emerson Street Denver, CO8O2O5 Subject Sea Turtle Lane; Lots 157, 158 &159, Hampstead APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. Lichtenberger: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.0O1 acres nf wetlands and O.OD2acres of open water impacts as described in your Pre-Construction (PCN) application dated December 16, 2014 and received by the Division of Water Resources (Division) on January 5, 2015 and subsequent information received by the Division on January 5[i2O15. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification ia associated with the use of Nationwide Permit Number 18 0nCg it is issued to you by the D.S. Army Corps ufEngineers. |n addition, you should obtain or otherwise comply with any other required federal, state or local permits before you Qo ahead with your project lnc|ud|mg(bmtnotUnmitedto) Erosion and Sediment Control, Non-discharge, Water Supply Watershed, and storrnvvater regulations. Also, this approval to proceed with your proposed impacts mrto conduct impacts %m waters as depicted io your application shall expire upon expiration of the 404 Permit. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. Impacts Approved The following impacts are hereby approved aslong as all of the other specific and general conditions nf this Certification (or Isolated Wetland Permit) are met. Nn other impacts are approved including incidental impacts: 12n Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 9I0-73G-7Z15\Internet: An Equal Opportunity � Affirmative Action Employer - Made In part by recycled paper Amount Approved (Units) Plan Location or Reference Open Waters 0.002 acres Figures 5 — 7 (attached) 404/401 Wetlands Permanent Temporary 12n Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 9I0-73G-7Z15\Internet: An Equal Opportunity � Affirmative Action Employer - Made In part by recycled paper Wayne Lichtenberger DWR Project # 15 0010 February 4, 2015 Page 2 of 5 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 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 (15A NCAC 02H.0501 and .05021. 3. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and /or sedimentation. These measures should be routinely inspected and properly maintained and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. (15A NCAC 02H .0506 (b)(3) and (c)(3)). 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 28..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Please notify this Office as soon as possible if any turbidity issues arise at 910.796.7215 5. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example — orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. 115A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. The permitee shall require its contractors and /or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project with a copy of the Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H.0507 c0 and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502(b) and 15A NCAC 02H .0506 94)] Wayne Lichtenberger oWK Project #z5OV1O February 4,JO1* Page 3ofs B. 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 ofa hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, between the hours of8 @rn to 5 pm at the VVi|rnin#1on Regional Office at 91C\796.73I5 and after hours and on weekends call L800\858-0E68. Management ofsuch spills shall comply with provisions 0f the North Carolina Oil Pollution and Hazardous Substances Control Act. [lS4NCACO2H.Q5O0/bV3) and /cV3\15AN[AC 02B.0200/3\HR and GS 143 Article 21A] 9. Deed Notification Deed notifications shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impacts. This mechanism shall he put in place at the time Of recording the property, 0r individual lots, whichever is appnJprha1e. A sample deed notification can be downloaded from the 401 and Buffer Permitting Unit vve6sitea1 . /15A NCACDZH.O5OI and .05O2L A recorded copy nf the deed notifications or restrictive covenants (if required by the U3ACE\ for the remaining wetlands un the project areashaUbeinc|uded with the Certification of Completion (see Condition #2OiOGC308O). Any mitigation required hy the USACEmust also b$ complied with. 10. This General Certification shall expire on the same day asthe expiration date ofthe corresponding General Permit. The conditions }n effect om the date mf issuance ufthe Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. ll. Project Compliance At the completion of construction, as-built drawings (which can be shown on an aerial or done as a survey) may be reguired 6« the Division tmbe submitted to both the Division ofWater Resources, 4O1and Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, N[27899-1617 and to the Wilmington Regional Office. [15/\NCA[02H.05070 and 15AN[A[O2H.05O5 12. Certificate of Completion Upon completion Qf all work approved within the 40I Water Quality Certification Or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required tV return a copy of the certificate of completion Form tO the DVVR4U1and Buffers Unit within ten days ofproject completion (available at: Wayne Lichtenberger DWR Project # 15 0010 February 4, 2015 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 LAMA 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!Lwww.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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Wayne Lichtenberger oVVn Project #rs&m18 February 4,2nzs Page sof5 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Jennifer Bur6ette in the Central Office in Raleigh at 919.807.6364 or or Joanne Steenhuisin the Wilmington Regional Office at 910.796.7306 or if you have any questions orconcerns. Jim GregSon Regional Supervisor QVVN Wilmington Regional Office Enclosure: GC 3890 cc. Kim Williams — Land Management Group, Inc. - electronic copy Jonathan Howell —DCyN Morehead City — electronic copy Emily Greer— U5ACE VVi|nliO8ton Regulatory Field Office —electronic copy Jennifer Burdette-DVVR401 Wetlands and Buffers Unit VViRU NO IT C This is not a survey and is merirle KV Section 4041401 perrnit €h orrly Survey information provided by Paran , snte Encg,nee rmg Proposed st�ueture locations are considered approxirp 404 Wetlands L Proposed Impact to 404 Wetlands RPW SCALE: 1 " = 50' Olde Point S /C; Sea Turtle Lane Lots 157, 158, & 159 Pender County, NC Figure 5. Site plan showing proposed impacts tv Proposed Wetland l Impact: z 0.001 ac (40.8 sf),� roposed RPW "� } ! F Impact: 0.002 ac 91 y �i (20'x4') ! \ Proposed r W W z on —Site wastewater System '' Jf J V. We'- ! s r \ ui w v Proposed House & H vEt VY Ur Jf �!+ � +✓ nv 1 1 i j PRELIMINARY NO[ FOR CONS IRUCrV10N Z' £ NO IT C This is not a survey and is merirle KV Section 4041401 perrnit €h orrly Survey information provided by Paran , snte Encg,nee rmg Proposed st�ueture locations are considered approxirp 404 Wetlands L Proposed Impact to 404 Wetlands RPW SCALE: 1 " = 50' Olde Point S /C; Sea Turtle Lane Lots 157, 158, & 159 Pender County, NC Figure 5. Site plan showing proposed impacts