HomeMy WebLinkAbout20081150 Ver 1_No Written Concurrence_20080819
O~aF WAT F9pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
Imo"' North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
August 19, 2008
Carteret County
DWQ Project 08 1150
Narron Real Estate Holdings, Inc.
Attn: Justin Narron, President
205 Boque Drive
Morehead City, NC 28557
Subject Property: Narron Business Park
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Narron:
You have our approval, in accordance with the attached conditions; to impact 0.080 acres (0.052
ac previously filled per Mickey Sugg's verbal authorization and an additional 0.028 ac per
application) of wetlands for road crossings on the subject property described in your application
dated July 23, 2008 and received by DWQ Wilmington Regional Office (WiRO) on July 25,
2008. 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
3705 (GC 3705) are met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Nationwide 39
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 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) Deed notifications/restrictive covenants or similar mechanisms 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 within 30 days from
the receipt of this Certification or the USACE's permit, whichever is later. 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. The USACE's Restrictive Covenant language can be found
on their web site at. http://www.saw.usace.army.m:il/wetlands/Mitigation/preservation.html. A
recorded copy of the deed notifications/restrictive covenants must be submitted to this
Office and to the 401 Oversight and Express Unit in Raleigh within 30 days of receipt of the
401 Certification or the USACE's permit, whichever is later.
Mailing Address Phone (919) 807-6300 Location None hCarolina
1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Naturally
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateraualitv.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Narron Real Estate Holdings, Inc.
Attn: Justin Narron, President
DWQ Project 08 1150
August 19, 2008
2) No Sediment and Erosion Control Measures in Wetlands - 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
Land Resources or locally delegated program has released the project.
3) 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 910.796.7215.
Sinc ly,
oanne Steenhuis
Senior Environmental Specialist
Attachments
Enclosures GC 3705
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Mickey Sugg - USACE Wilmington
Stephen Rynas - DCM Morehead
Central Files
WiRO