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HomeMy WebLinkAbout20071159 Ver 1_No Written Concurrence_20070823O~OF W A TF9QG Michael F. Easley, Governor ~ ~ William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources ~ ~ ~ -~ Coleen H. Sullins, Director Division of Water Quality August 23, 2007 DWQ # 07 1159 Pender County Nancy Alio 269 Hwy 210 East Hampstead, NC 28443 Sandra Ayers 421 Buds Road Hampstead, NC 28443 Subject: Isolated Wetland Impacts 269 and 299 NC Hwy 210 East Pender County NO WRITTEN CONCURRENCE NEEDED Dear Mses. Alio and Ayers: You have our approval, in accordance with the attached conditions, to impact 0.297 acres of isolated wetlands or waters for the purpose of construction a commercial retail center as you described in your application dated June 28, 2007. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of the Isolated Wetland General Permit (IWGP) # 100000 certification are met, which maybe viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. The current Isolated Wetland Rules state that a General Permit will be issued for isolated wetland fill if impacts are less than one third of an acre for the entire project and the project is located east of I-95. You are authorized to proceed under the Isolated Wetland General Permit Number IWGP100000 (enclosed) provided that you can meet all of the conditions of this certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire at midnight on September 30, 2008. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed on the following page. N~~o~~`tt,,Carolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-] 617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50°/ Recycled/10% Post Consumer Paper Page Two Nancy Alio Sandra Ayers DWQ Project # 07 1159 August 23,2007 Conditions of Certification: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining wetlands and waters. These mechanisms shall be put in place within 30 days of the date of issuance of the IWGP. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe modified as appropriate to suit to this project. Please provide this Office with a copy of the deed notification or restrictive covenants after it has been recorded, within ninety (30) days from the issuance of this permit). 2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the wetland standards. If you have any questions, please telephone Ian McMillan at 919-733-1786 or Joanne Steenhuis in the Wilmington Regional Office at910-796-7215. S' erely, __~ , C~. ~ ' ~._.~~ Joanne Steenhuis Senior Environmental Specialist Attachment cc: Ellen Cornette -Applied Resource Management, P.C. Brad Shaver - USACE Wilmington Field Office Ian McMillan -DWQ 401 Oversight and Express Unit Stephen Rynas - DCM Morehead City Central Files WiRO