20071613 Ver 1_No Written Concurrence_20100308

J0%O
' A20?
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary
March 8, 2010
Duncan and Allison Porter
4709 Morrowick Road
Charlotte, NC 28226
Subject Property:
Dear Mr. and Mrs. Porter:
Pender County
DWQ Project #: 071613 ext
Tract 7 Tommie Little Division 401 Permit Extension
NO WRITTEN CONCURRENCE NEEDED
You have our approval, in accordance with the attached conditions; to impact 0.0768 acres of wetlands to
construct a driveway to access a proposed single-family house on the subject property as described in your
application dated September 17, 2007 and requested extension. After reviewing your request, we have decided
this fill is below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 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 18 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:
The 15' wide corridor for the driveway must be fenced (with silt fencing) so that additional wetlands will
not be impacted.
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.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] /FAX: [phone] NaAmally
Internet: www.ncwaterouality.orq
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/10% Post Consumer Paper
Page Two
Duncan and Allison Porter
DWQ Project #: 071613 Ext
March 8, 2010
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,
Enclosures GC 3705
Certification of Completion
A'oanne Steenhuis
Senior Environmental Specialist
cc: Ellen Cornette - Applied Resource Management, PC
Ian McMillan - DWQ 401 Oversight Unit
Crystal Amschler - Corps of Engineers Wilmington
WiRO