The URL can be used to link to this page

Home My WebLink About20120976 Ver 1_Approval Letter_20121114id A�`ww _ �E --p AA MCDEMR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Eva C. Jakobsson and Erik Muniz 304 Moray Court Hubert, NC 28539 Division of Water Quality Charles Wakild, P. E. Director November 14, 2012 Dee Freeman Secretary DWQ Project # 12 0976 Onslow County Subject Property: 304 Moray Court Morse Pasture, Hubert Approval of 401 Water Quality Certification with Additional Conditions Dear Mrs. Jakobsson and Mr. Muniz: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 0.003 acres of wetlands and temporarily impact 0.96 acres of wetlands for the installation of fence posts and the removal of beds and rows from old forestry practices for the purpose of creating a horse pasture, as described within your application dated October 2, 2012. The application was received by the Wilmington Regional office (WiRO) on October 23, 2012. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number 3890 (GC3890). The Certification(s) allows you to use Nationwide Permit 42 when issued by the US Army Corps of Engineers (USAGE). 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. Additional wetland impacts that may cause the impacts to exceed the 0.5 acre threshold will be required to be submitted as an Individual Permit 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. L-5 DENR - Wr'+TE1� DiJAL! 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919 - 707- 86001Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NorthCarohna Eva C. Jakobsson and Erik Muniz DWQ Project # 2012 0976 November 14, 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. 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. 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. Debris may not be accumulated in piles in the wetlands. 3. Silt Fencing The limits of wetland to be impacted by this project need to be fenced with silt fence in order to prevent runoff causing secondary impacts to adjacent wetlands. The silt fence needs to be trenched in to approximately 8 to 10 ". This shall be done prior to any land disturbing. Please contact this office if you have questions about installing the silt fence correctly; 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response 5. 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. Amount Approved (Units) Plan Location or Reference Wetlands Area 1 (fence posts) Area 2 (raking old forestry rows and beds 0.003 acres 0.96 acres Attached aerial depicting limits of impacts Stream N/A Open Water 2. 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. 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. Debris may not be accumulated in piles in the wetlands. 3. Silt Fencing The limits of wetland to be impacted by this project need to be fenced with silt fence in order to prevent runoff causing secondary impacts to adjacent wetlands. The silt fence needs to be trenched in to approximately 8 to 10 ". This shall be done prior to any land disturbing. Please contact this office if you have questions about installing the silt fence correctly; 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response 5. 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. Eva C. Jakobsson and Erik Muniz DWQ Project # 2012 0976 November 14, 2012 Page 3 of 4 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 (3 0) 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 mailing 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: Mr. William Cary, 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. 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 Karen Higgins in the Central Office in Raleigh at 919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306 or at Joanne. Steenhuis @ncdenr.gov. Sincerely, Cr s Wakild, P.E., Director f Division of Water Quality Attachment Enclosures: GC 3890 Certificate of Completion Eva C. Jakobsson and Erik Muniz DWQ Project # 2012 0976 November 14, 2012 Page 4 of 4 cc: David Bailey - USACE Wilmington Regulatory Field Office Karen Higgins - DWQ 401 Unit Stephen Rynas - DCM Morehead City WiRO r � s` f ✓� `E 1 e a f 1Z fil-