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Home My WebLink About20140169 Ver 1_Approval Letter_20140311\� `i7, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Trevor & Greta Horne 107 Ramona Avenue Jacksonville, NC 28540 Subject Property: Dear Mr. & Mrs. Horne: Division of Water Quality Thomas A. Reeder Director March 11, 2014 John E. Skvarla, III Secretary DWR Project # 20140169 Onslow County 1826 Haw Branch Road, Richlands 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 0.093 acres (4076 sq ft) of wetlands to access uplands, as described in your After -the Fact Pre construction application (PCN) dated February 19, 2014 and received by the Division of Water Resources (Division) on February 21, 2014 and subsequent information received on March 4, 2014. 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: I. 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: Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 - 796 -72151 FAX: 910 - 350 -20041 DENR Assistance: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NorthCarolina Nah(rdliff Trevor & Greta Horne DWR Project # 14 0169 March 11, 2014 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 Certification (s) /Permit /Authorization and is responsible for complying with all conditions. 3. Anv final construction plans for this project must include or reference the application and plans annroved 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 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. The applicant should contact this office once the restoration of the wetlands in the roadway has been completed. Reducing the road fill from 19 feet.to 14 in the W2 crossing and 12 feet in the W1 crossing Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom N/A Stream 404/401 wetlands (filled) Impact W1 Impact W2 Permanant 0.011 acre (492 sq ft) 0.082 acre (3584 sq ft) Impact Plat (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 Certification (s) /Permit /Authorization and is responsible for complying with all conditions. 3. Anv final construction plans for this project must include or reference the application and plans annroved 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 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. The applicant should contact this office once the restoration of the wetlands in the roadway has been completed. Reducing the road fill from 19 feet.to 14 in the W2 crossing and 12 feet in the W1 crossing Trevor & Greta Horne DWR Project # 14 0169 March 11, 2014 Page 3 of 4 8. The applicant needs to make sure that there are -a sufficient number of pipes /culverts in the road in the wetland portion to maintain connectivity of the wetlands. 9. The applicant needs to permanently stabilize the fill slopes of the road and maintain the stabilization through the life of the project. 10. 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. 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. Trevor & Greta Horne DWR Project # 14 0169 March 11, 2014 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or via e-mail at Jennifer.Burdette(a@ncdenr.gov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or via e-mail at Joanne.Steenhuis @ncdenr.gov . Sincerely, James H. J H. Gregson Regional Supervisor Surface Water Protection Section Attachment Enclosures: GC38860 Certificate of Completion cc: Brad Shaver - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ 401 Unit Doug Huggett - DCM Morehead City WiRO .x wetland ,41'x� . , wetland , 611 z s fy�ii � ;ej1a'r d .., Z 5 6' x ,>Er1 sq ft w XA/ ZPt I 2.41ml d etl � ,mom -i ki. wetland . . .......... upland �, 33 k wet Iand i � Y Cwh: t' w.°..¢ 53�: 1& ffizT,& C" T1" K .:',?i""«�riLkffi?.Ei'&TMCe."a?i�" i. 4�kSE`...@ A."`:"/'..'+:— w" dw'.'..'" m•<• u�."` TM- iN'" a' uT,a?ZGL:av"w'.:`_'S?°.,'a*;u:' vans' i�' iRSiz:' dY?' a. :;.Y.1'4'a1i:,S;,:%':,:v.Tvbw". Lis:: ��.- �S: a.,,,... rT. 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