20021157 Ver 1_Approval Letter_20021017

~ WgTF Michael F. Easley, Governor
~ !~ William G. Ross Jr., Secretary
OCa QG North Carolina Department of Environment and Natural Resources
~ ~, Alan W. Klimek, P.E. Director
y Division of Water Quality
-1
4 `~"
Mr. Foy Shaw
P.O. Box 159
Ocracoke, NC, 27960
APPROVAL of 401 Water Quality Certification and Tar-Pamlico River Buffer Rules with Additional Conditions
Dear Mr. Shaw:
October 17, 2002
DWQ# 02-1157
Hyde County
You have our approval, in accordance with the attached conditions, to place fill in 0.09 acre of wetlands in order to construct a road
crossing associated with a subdivision located on the Myra Wahab property in Hyde County, as described in your revised application
received by the Division of Water Quality on September 6, 2002. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Number 3375, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army
Corps of Engineers.. This approval is also valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of
the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enrstate.nc.us/ncwetlands ;
2. The culvert must be designed, constructed and placed to allow aquatic life passage;
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
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 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 6714, 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 call Tom Steffens in our Washinton Regional Office at 252-946-6481 or Cyndi Karoly in the Central Office at 919-733-
9721. Questions regarding stormwater should be directed to Todd St. John at 919-733-9584.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
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Customer Service
1 800 623-7748
Sincerely,

AW K/cbk
Attachments
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWO Regional Office
Central Files
~fe Copy
Douglas Dorman, P.O. Drawer 870, Kitty Hawk, NC, 27949
021157