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Home My WebLink About20131135 Ver 1_Approval Letter_201312204 NC®ENR North Carolina Department of Environment and Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director Mr. Nikolai Kruger 12450 Preservation Point Drive Charlotte, NC 28216 JAN - 2 20 }4 ! John E. Skvalia, III Secretary December 20,'S' in S NODTQ# 131135 A CAMA ounty M PE RA Subject Property: East Beach Subdivision, Lot 3 —112 Southeast 73`d Street, Oak Island APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. Kruger: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 3,621 sq ft (0.08 ac) of wetlands and temporarily impact 432 sq ft (0.001 ac) of wetlands as described in your CAMA application dated October 21, 2013 and received by the Division of Water Resources (Division) on October 21, 2013, with subsequent information on December 11, 2013. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, 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 or CAMA Permit. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: MiImington Regional office 127 cardinal Drive Extension, Wilmington, North Carolina 28405 'hone: 910 - 796 -72151 FAX 910-350 -20041 DENR Assistance: 1-877-623-6748 ntemet www.ncwaterquality.org 1n Equal opportunity 1 Atllmurtive Action Employer ;Nikolai Kruger DWR project # 131135 December 20, 2013 • Page 2 of 5 . _ ,V 1.µ 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. 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. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. 4. 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 Resources Certification. 5. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404/401 Wetlands Permanent Temporary W1 3,621 sq ft (0.08ac) 432 sq ft (0.001 ac) CAMA Major Site Plan (Sheet 1 of 2)(attached) 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. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. 4. 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 Resources Certification. 5. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. Nikolai Kruger DWR project # 131135 December 20, 2013 Page 3 of 5 6. 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 in accordance to plan 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. 7. 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. 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 9. 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 Resources, 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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. Nikolai Kruger DWR project # 131135 December 20, 2013 Page 4 of 5 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 8:00am and 5:00pm, 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. Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Chad Coburn in the Wilmington Regional Office at 910.796.7215 or Chad.Coburn @ncdenr.sov if you have any questions or concerns. Sincerely, Gregson F Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 3890 Certificate of Completion Nikolai Kruger DWR project # 13 1135 December 20, 2013 Page 5 of 5 cc: Dana Lutheran — SEGi — electronic copy Heather Coats — DCM Wilmington Doug Huggett — DCM Morehead City Ronnie Smith — USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ Webscape Unit WiRO a dsgRR ara�1R qd. I7d01 OaiMyYeYe/it '—to a1e�aW ►M4.M1�a1sa/aetaaaWalrlee. 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