Loading...
HomeMy WebLinkAbout20130765 Ver 2_Approval Letter_20140221NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary February 21, 2014 NAD Development, LLC Attn: Mr. Anthony W. Sydes PO Box 7122 Jacksonville, NC 28540 D W R # 13 -0765 V2 Craven County Subject: APPROVAL OF ISOLATED AND OTHER NON -404 JURSIDICTIONAL WETLANDS AND WATERS GENERAL PERMIT WITH ADDITIONAL CONDITIONS LINDENRAIN SUBDIVISION Dear Mr. Sydes: You have our approval for the impacts listed below for the purpose described in your application dated November 20, 2013 and received by the Division of Water Resources (Division) on December 4, 2013 with subsequent information received on February 20, 2014. These impacts are covered by the attached State General Permit for impacts and other non -404 Jurisdictional wetlands and waters Number IWGP100000 and the conditions listed below. 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. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the General Permit are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Amount Plan location/ Reference Attached Approved Approved (units) (units) Temporary Permanent Stream NA NA 404/401 NA NA Wetlands Water Quality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252- 946 -64811 FAX: 252-975-3716 Internet: wm.ncwater.orc An Equal Opportunity I ARrmauve Action Employer NAD Development, LLC Attn: Mr. Anthony W. Sydes DWR # 13 -076 V2 401 AND ISOLATED WATERS APPROVAL Page 2 of 3 Isolated Wetlands W -1 0.22 (acres) 0 (acres) Wetland Impact Plan W -2 0.05 (acres) 0 (acres) W -3 0.12 (acres) 0 (acres) W -4 0.07 (acres) 0 (acres) Open Waters NA NA 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 General Permit. If you change your project, you must notify the Division and you may be required to submit anew 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 Permit and is responsible for complying with all conditions. 3. Wetland Boundary Protective Fencing 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. This shall be done during the initial stage of construction. 4. Upon completion of all work approved within the General Permit, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1650 Mail Service Center, Raleigh, NC 27699 -1650. 5. This approval and its conditions are final and binding unless contested. This General Permit 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 htto: / /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 8:00am 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 NAD Development, LLC Attn: Mr. Anthony W. Sydes DWR # 13 -076 V2 401 AND ISOLATED WATERS APPROVAL Page 3 of 3 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 for the Isolated Wetlands and Isolated Waters Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraueh(@ncdenr.aov ifyou have any questions or concerns. Sincerely, n David May, P G Regional Supervisor DWR Water Quality Regional Operation Section Washington Regional Office Enclosure: I W G P100000 Certification of Completion cc: Emily Greer, USACE Washington Regulatory Field Office (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit Pat McClain, DELMR WaRO (via email) John G. Thomas, Thomas Engineering, PA (via email) File