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HomeMy WebLinkAbout20140227 Ver 1_Approval Letter_20140325r NCENR North. Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III 1 Governor Secretary March 25, 2014 . I i DWR # 14-0 Pamlico County Jody W. Henries 1594 Alligator Loop Road Merritt, NC 28556 Subject: APPROVAL OF 401 WATER QUALITY. CERTIFICATION WITH ADDITIONAL CONDITIONS Jody W. Henries Future Dockage Access (199 Timber Point Road) Dear Mr. Henries: - You have.our approval for the impacts listed below for the purpose described in your application dated January. 31,2014 and received by the Division of Water Resources (Division) on March 10, 2014. 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. 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 certifications) 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 Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Amount Plan location/ Reference Attached Approved. Approved (units) (units) Permanent.. Temporary 401/404 0.04 (acres) 0 (acres) Survey of Impact of Existing and Wetlands Proposed Driveway and Zone 1 & 2 Neuse River Suffer Access Road Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mail,. Washington, NC 27889 Phone: 252 -946 -6481 t Fax: 252 - 975 =37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper . Jody Henries DWR # 14 -0227 401 APPROVAL Page 2 of 3 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 and is responsible for complying with all conditions. i 3. After the Fact Permit Please be aware that by.having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H :0500. Title 15A NCAC 2H .0500 requires certifications pursuant.to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of federal Regulations (CFR) Part 323.. it also states any person desiring issuance of. the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000,00 per day for each violation. 4. This approval and its conditions are final and binding unless contested. j These Certifications 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. 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 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: if sending. via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: SAY RIVER' q1A � tai N yy d w F SLAG O fLhC 1 _� FLAO 2"' It c U) ZONE 1 FLAG 2�' ZONE p 'CSI T DOUBLE FLAG ' � 4� lbdl CrAgBgf r =� L -2703 N21'2s•4# 48.92 -9R1 -^ END OF L Ecme 018'53.34 EXISTING DRIVEWAY BUILT UPON UPLAND 4984.18 SO. FT. EXISTING DRIVEWAY BUILT UPON WETLAND 1885.26 SQ. FT. N20'57'129N 50.13•- SURVEY OF IMPACT OF EXISTING AND PROPOSED DRNEWAY AND ZONE 1& 2 NEUSE RIVER BUFFER OWNER JODY W. HENRIES DEED BOOK 573 PAGE 940 LOT 6 - PLAT OASINEi A P1WFE550N4L LMU 5KWUXUPC - 6 art . TH RAY0RO NOR CAMP to* ffR -3I -a MIRY RM 01 YO ' ss ° 17.05 [wrr� aosriz APPROVED NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DIVISION OF WATER QUAt'"�UVc fl.?cD n1A /0 Powmit No. 22'7-- COURSE BLEARING DISTANCE L1 065°00'2" r� L2 L3 N2Y32'O8`W N12'23'59"W 13.40' 15.55° r'° N22'58'47"E 10.42' S h4td� 12.38° L7 N21'01'54"W 22.61 ° L8 S21'21'12 0E 26.18° L9 S18.40'01 °E 42.49' p IN DISTANCE- A6 N36'10'27°IN 89.45° A7 N76° 12'21 `�N 40.45' 7a AS A9 N2YO9'47"E N01 °17'40'°14 28.14' 70.07' A10 N38'12 090E 49.07' All N05'53'349NV "E 38.81 ° Al2 N 13'49' 15 18.97' A13 S47°39'12 "E 36.49' A14 558'31'10,E . 22.91' EKWNG IROM PIPE A15 A16 S52'33'36"E CAA'--'!t 0°E 17.32` 15.23' l A17 S87'13'18 °E °37'090W 39.20' A15 S33 55.76' aA 0. 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