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:
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018'53.34
EXISTING DRIVEWAY
BUILT UPON UPLAND
4984.18 SO. FT.
EXISTING DRIVEWAY
BUILT UPON WETLAND
1885.26 SQ. FT.
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SURVEY OF IMPACT OF EXISTING AND PROPOSED
DRNEWAY AND ZONE 1& 2 NEUSE RIVER BUFFER
OWNER
JODY W. HENRIES
DEED BOOK 573 PAGE 940
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NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION
DIVISION OF WATER QUAt'"�UVc fl.?cD
n1A /0 Powmit No. 22'7--
COURSE BLEARING
DISTANCE
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13.40'
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10.42'
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