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HomeMy WebLinkAbout20130306 Ver 1_No Written Concurrence_20130501w NCN R North Carolina Department of Environment and Natural Resources Pat McCrory Governor 1 May 2013 Parrot Landing, Inc. Attn: Greg Maready 126 Phillips Loop Rd Swansboro, NC 28584 John E. Skvarla, III Secretary DWQ Project #: 13 -0306 Onslow County Subject Property: Parrot Landing East, Swansboro NO WRITTEN CONCURRENCE NEEDED Dear Mr. Maready: You have our approval, in accordance with the attached conditions; to permanently impact 0.079 acres of jurisdictional wetlands as described in your Pre Construction Notification (PCN) application dated March 15, 2013 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on March 27, 2013. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3890 (GC 3890) are met. This Certification allows you to use the Nationwide 18 Permit when issued by the US Army Corps of Engineers. 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. This approval is for the purpose and design described in your application. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) /Permit /Authorization and is responsible for complying with all conditions. If total wetland fills for this project (now or in the future) 127 Cardinal Drive Ext., Wilmington, NC 28405 NO a Carolina Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper morally L1 Parrot Landing, Inc. Attn: Greg Maready DWQ Project # 2013 0306 May 1, 2013 Page 2 of 4 exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 2) The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. 3) Dewatering if the construction site, if required, shall be accomplished by pumping to a maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge and release sediment to the surface waters or wetlands. Silt bags will not be located within wetlands or surface waters. 4) Any final construction plans for this project must include or reference the application and plans approved by the DWQ under this authorization letter and certification. 5) 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 6) 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 Permit. This approval and its conditions are final and binding unless contested. V Parrot Landing, Inc. Attn: Greg Maready DWQ Project # 2013 0306 May 1, 2013 Page 3 of 4 This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact Joanne Steenhuis at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns. Sincerely, ne Steenhuis /Senior Environmental Specialist Attachment Parrot Landing, Inc. Attn: Greg Maready DWQ Project # 2013 0306 May 1, 2013 Page 4 of 4 Enclosures GC 3890 Certification of Completion cc: J. Tom Gulley, Jr. — Needham Environmental Inc. — electronic copy Jennifer Burdette - DWQ Webscape Unit David Bailey - USACE Wilmington Stephen Rynas — DCM Morehead City — electronic copy WiRO tom, �-'�+ --: ; , , : • • :��� , ''•y,:`.%'; :'; : ;•': � .' : � •'�••. •�• ee . ._�-. �_ _ 1 "fir_- w •��'•: tf ' • '�' - --' - - - - y 1. ���_�� -' __ -_ �- � -r, a___ .` -s —fit\ ` � ,1���''•!"'fi- .� ggg� �:t[i_t�'�•r� ^`"- A s o. •a a ry`a 4. -,i A cd ' 1 r ��•+,- ••y. d it- --- t 4 PW �t�1L>E•1! e km Wetland Impact shown in Blue - 3,435 square feet or 0.079 acres 1" - 150' Parrot Landing Needham Environmental, Inc. Tax Parcel # 037514 Environmental Consultants Site Plan with Wimington, N.C. Wetland Impact Swansboro, NC pact 03- 11-00B/PCN Maps cdr January 2013