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Home My WebLink About20130559 Ver 1_Approval Letter_20130718w ' �A � a r North Carolina Department of Environment and Natural Resources Division of Mater Quality Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Acting Director Secretary Crete Investments, LLC Attn: John Allen PO Box 1108 Clinton, NC 28329 Subject Property: Dear Mr. Allen: July 18, 2013 DWQ Project # 2013 0559 Pender County 109 Lumis Court, Hampstead Approval of 401 Water Quality Certification with Additional Conditions You have our approval, in accordance with the attached conditions and those listed below to fill 0.014 acres (631 sq ft) of wetlands to access uplands, as described in your Pre construction application (PCN) dated May 21, 2013 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on May 23, 2013 and subsequent information received on July 16, 2013. These impacts are covered by the enclosed General Water Quality Certification Number 3886 (GC 3886) and additional conditions listed below. This Certification allows you to use the 404 Nationwide 14 permit when issued by the US Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. 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 enclosed certification or general permit and the following additional conditions: 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: 127 Ca&l Dire Ed= n„ NMb Car r=2M Rim 910x9672151 FAX 910,3 I OMAsgskm I-W423W48 11 1 mot 1 XWE21ag MEW Qj g t 0, lb %Affamdakfim F -W% %10%PadC Few 1��°C Cavo Adtllrd* Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom N/A Stream 404/401 wetlands (filled) 0.014 acre (631 sq ft) Impact Plat (attached) 127 Ca&l Dire Ed= n„ NMb Car r=2M Rim 910x9672151 FAX 910,3 I OMAsgskm I-W423W48 11 1 mot 1 XWE21ag MEW Qj g t 0, lb %Affamdakfim F -W% %10%PadC Few 1��°C Cavo Adtllrd* Crete Investments, LLC Attn: John Allen DWQ Project # 13 0559 July 18, 2013 Page 2 of 4 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as 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 Certifications) /Permit /Authorization and is responsible for complying with all conditions. 3. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent The applicant shall require his contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. 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. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 7. You may be required to provide an as -built survey (either elevation shots or cross - sections), certified by a licensed, professional land surveyor, of the impact area if requested by the Division to demonstrate the impacts to wetlands are within the permitted quantities. 8. 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. Crete Investments, LLC Attn: John Allen DWQ Project # 13 0559 July 18, 2013 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 (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 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: Lacy Presnell, 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 via e-mail at Karen.Hieeins@ncdenrgov or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306 or e-mail at JoanneSteenhuis0ricdenr eov. Sincerely, 4-41. m eeder Division of Water Quality f Crete Investments, LLC Attn: John Allen DWQ Project # 13 0559 July 18, 2013 Page 4 of 4 Attachment Enclosures: GC38860 Certificate of Completion cc: Dana Lutheran — SEGI — electronic copy Crystal Amschler - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ 401 Unit Stephen Rynas - DCM Morehead City — electronic copy WiRO !A! ' p I . *- " " 4 Driveway Cross - section C, "0 sm Nor P=201 Vicinity Map (No Sods) 00 .41 OP or U.— IWO. 80 -AL--ffl6v An (50f PRAUP AI/10 LUIS Court. AbRpaq$ Arwo 9.01 AqW Lot iIIAM & f LIP.- 4w i '38.0' 00 — I— W.- - '0011 M! alwMew ZOOMS" , ir" '. CM-MOMP w Ar IN 4V 'lee OP C Proposed". POO" 100, CAS IF,09"ds - Lot 7� 29x467 ML 's 0 9837 Fr 417' 44CRES,-.-,�-' A s PW.04 FIA- JUC 1 of 40f -00f Impact- Plat- log 99 = Dogwood Lakes Revision !- Top WJ TownOhip t, Pender County This plot plain •oq al _rjawn from record Oa �fqwd at M,�4 44 too -, eky-for use kg* ;41. In plan I �11'perm"rl' POO = cp"SVOtIgh a a upon by " and c;kn'no. 40 Ird rr.-Mas f:r dales qr cqmyqyiihqe-'THx Is not - . ouhdary Survey, s U, A06 OWN, Amp= W, MOCAMOd PaW Aimit 1-0 -F. 61 I rAW.1 � da A AUP'for vl e 72 0.. P4W 10 $ i Bond $u.r 2yov- cdwdqp Jfsmv, NO, Saw