HomeMy WebLinkAbout20150413 Ver 1_No Written Concurrence_20150507AAA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 7, 2015
George:, G. and Mary S. Sprung
7975 Yancey Drive
Falls Church, VA 22042
Donald R. van der Vaart
Secretary
D W R # 15 -0413
Dare County
Subject: Sprung Property - Lot 2, Block 2, Section 3, Martin's Point Amendment, Southern Shores
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. and Mrs. Sprung:
You have our approval, in accordance with the attached conditions to impact 0.02 acres of 404 wetlands in
order to construct a residential dwelling as described in your application dated April 23, 2015 and received
by the Division of Water Resources (Division) on April 27, 2015. After reviewing your application, we have
decided that the impacts are below the threshold for written authorization as long as the conditions of
General Water Quality Certification Number 3890 (GC 3890) are met. This certification allows you to use
the Nationwide 18 when issued by the US 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 is only valid for the purpose and design that you described in your application except as
modified below. 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 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 applicant and /or authorized agent shall provide a completed Certificate of Completion form to the
Division within thirty (30) days of project completion (available at
http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC 02H
.0506(b)(5)]
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.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: 252- 946 -6481 1 Fax: 252- 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
George G. and Mary S. Sprung
DWR # 15 -0413
401APPROVAL
Page 2 of 3
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:
Sam H. Hayes, 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 Act. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraughCa)ncdenr.eov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certification of Completion
George G. and Mary S. Sprung
DWR # 15 -0413
401APPROVAL
Page 3 of 3
cc: Frank Jennings, DCM Elizabeth City
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMUR WaRO (via email)
DWR 401 & Buffer Permitting Unit File (Laserfiche)
File
George H. Wood, Environmental Professionals, Inc.,
1404 South Virginia Dare Trail, Kill Devil Hills, NC 27948