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Home My WebLink About20111083 Ver 1_Approval Letter_20120302�A wl North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary March 2 2012 Mr William Boulia PO Box 1765 Newport NC 28570 DWQ Project # 11 1083 Carteret County Subject Property Lot #8 Dogwood Drive Florida Park Subdivision, Newport Approval of 401 Water Quality Certification with Additional Conditions Dear Mr Boulia You have our approval in accordance with the attached conditions to permanently impact 0 008 acres (12 X 30 ) of wetlands for a road crossing to access high ground on the subject property This crossing is described in your application dated November 29 2011 received by DWQ Wilmington Regional Office (WiRO) on December 14 2011 with additional information received on February 24 2012 After reviewing your application it has been determined that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821) The Certification allows you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USACE) In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control Non discharge and stormwater regulations Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit This approval is for the purpose and design that you described in your application The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919 707 -86001 Internet www ncdenr gov An Equal Opportunity l Affirmative Action Employer 50/ Recycled 110 / Post Consumer Paper NorthCarohna AMWAY Mr William Boulia DWQ Project # 2011 1083 March 2 2012 Page 2 of 4 The Additional Conditions of the Certification are 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts 2 Sediment and Erosion Control Measures Sediment and erosion control measures shall be in place prior to ANY land disturbing activities commencing The silt fences shall be installed to prevent any incidental wetland impacts and the side cast from the trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that is to be left undisturbed 3 Wetland Boundary Identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers The wetland boundary identification (flagging fencing etc ) must be maintained until the project is completed 4 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the Pre Construction Notification No staging areas or stock piling of construction materials are allowed in wetlands All construction activities including the design installation operation and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 5 Culvert Installation Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions Amount Approved (Units) Plan Location or Reference Stream N/A 404 Wetlands (fill) Driveway with culvert (12 X 30 ) 0 0008 acres Attachment G 1 (attached) 2 Sediment and Erosion Control Measures Sediment and erosion control measures shall be in place prior to ANY land disturbing activities commencing The silt fences shall be installed to prevent any incidental wetland impacts and the side cast from the trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that is to be left undisturbed 3 Wetland Boundary Identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers The wetland boundary identification (flagging fencing etc ) must be maintained until the project is completed 4 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the Pre Construction Notification No staging areas or stock piling of construction materials are allowed in wetlands All construction activities including the design installation operation and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 5 Culvert Installation Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions Mr William Boulia DWQ Project # 2011 1083 March 2 2012 Page 3 of 4 6 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications the applicant is required to return the attached certificate of completion to the 401 /Wetlands Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 1650 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 or CAMA Permit If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00 am and 5 00 pm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailmg address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 733 2698, Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This certification and its conditions are final and binding unless you ask for a hearing Mr William Boulia DWQ Project # 2011 1083 March 2 2012 Page 4 of 4 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 in the Central Office in Raleigh at 919 807 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7306 Sincerely C arl s Wakild P E Division of Water Quality Attachment Enclosures GC 3821 Certificate of Completion cc Ian McMillan DWQ 401 Oversight Unit Raleigh Christy Wicker USACE Wilmington Regulatory Field Office Stephen Rynas DCM Morehead City WiRO c� Cv U N N U CCU U aQ C� C�3 0 at M