20100509 Ver 1_No Written Concurrence_20101018

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 18 2 10
QTQ ow County
Project #: 10 0509
Jennifer and Robert Lopinski
181 Sea Gull Lane M I
N. Topsail Beach, NC 28460 A CAMA PER
Dear Mr. and Mrs. Lopinski:
You have our approval, in accordance with the attached conditions, to permanently impact 0.068 acres (2,971 sq
ft) of jurisdictional wetlands as described in your CAMA application dated June 25, 2010 and the revisions
received from the Division of Coastal Management on October 13, 2010. After reviewing your application, we
have decided these impacts are below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3821 (GC 3821) are met. This Certification allows you to use the Nation
Wide (NW) Permit 18 when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is described in your application (see attached
drawings). 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 these Certifications 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
Deed notifications 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 at the time lots or properties are recorded. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/c/document library/get file?uuid=ef84dOe1 5fc9 4183 87b5
2t`9d7eb 152e0& roupld=38364 The text of the sample deed notification maybe modified as
appropriate to suit to this project.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www ncwaterquality org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
North Carolina
Natura!!f
Customer Service 1-877-623-6748
Page Two
Jennifer and Robert Lopinski
DWQ Project #: 10 0509
October 18, 2010
2) Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly fenced with protective fencing to prohibit
sediment from infringing into the wetland area. The fence shall be installed prior to any land
disturbing;
3) Certification of Completion
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.
Please read the enclosed General Certification 3821. 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 Permit.-
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), 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 919.733.1786 or Joanne Steenhuis at our Wilmington
Regional Office at 910.796.7215.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
Attachments
Enclosures
GC 3821
Certification of Completion
cc: Ryan McAllister- Town of North Topsail Beach LPO
Ian McMillan - DWQ 401 Oversight Unit
Dave Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
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3
CERTIFICATE OF SURVEYOR
1, Danny Marco Padgett
as certify
that under my direction and supervision, the
attached physical survey was drown from an
actual survey made under my supervision. That
the ratio of departures is 1:5,000+. Witness my
hand and seal this 24 day of Fd"ory 2010
DANNY MARCO GETT R.L.S. L- 639
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7'
92
Coastal Wetlands Delineation
a9 /nd H n ou
4?QA-
Course aenring Distance
L9 S 1• 7.10. V 34'
L9 N 6 • '20' V 26.41'
1-10 S 36'18'00' V 16,77•
Lii N 89.03'30' V 2681'
Ll N
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course
11 Bearing
4.06'30' V Distance
1 8.01,
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- S '00' 10.2
0 40'
1 4 1
4 S '47
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N 1.1 '30' 1 ,30'
6 S 6'34.40' V 12 51'
7 6 •48'20' V 16. 2'
404 Wetlands Delineation By Corp of Engineers
Lot 6
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VICINITY MAP N.T.S.
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Notes:
1: Total Area: 31,135 Sq. Ft. 0.71 Ac. +/-
2: This Survey is of an Existing Parcel of Land.
3: Subject to Restrictive Covenants, Easement
of Record & Underground Utilities.
4: No Title Search by Surveyor.
5: Zoning: R10
6: Setbacks Per North Topsail Beach Zoning
Regulations.
7: Flood Zone: VE 11.0' (Panel No. 4298J)
8: Impervious Area:
Area Within 404 Wetlands:
House w/eaves: 1,373 Sq. Ft.
Driveway (Gravel): T>v'; Sq. Ft.
4' Walkway (Gravel): 107 Sq. Ft.
Infiltration Trench: Sq. Ft.
Fill Area: 260 Sq. F
5' Fill Around House: 400 Sq. Ft.
T0toI;zcJ77 /' Sq. Ft. r 07 Ac. +/-
February 24, 2010
Ref. M.B. 38, Pg. 54A I
Project No.: lopinski lot6.dwg
SURVEY FOR,
Robert Lopinski
and wif
Jennifer Lopinsk'
2061 New River Inlet Road
Lot 6 Dolphin Shores
Town of North Topsail Beach_ nnslnw rn
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Legend:
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• Concrete Monument
11'.3''2 { p?a,l LW-1I'???0N, NC
Scale: 1"=40'
40' 20' 0' 40'
Danny Marco Padgett Surveying
1 P. 0. Box 130
Sneads Ferry, NC 28460
Office: [phone]
N.C.
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