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Home My WebLink About20140386 Ver 1_Approval Letter_20140430c MCDENR North Carolina Department of Environment and natural Resources Pat McCrory Governor Charlene Hahn 309 Bridgeview Circle Chesapeake, VA 23322 Subject Property: Dear Ms. Hahn: John E. Skvarla, III Secretary ` I I Apr 11� 214 149 Fredricka Lane, Swansboro Approval of 401 Water Quality Certification with Additional Conditions You have our approval, in accordance'with the attached conditions and those listed below to permanently fill 0.0429 acres (1870 sq ft) and temporarily impact 0.0379 acre (1,650 sq ft) of wetlands to access uplands, as described in your CAMA application dated April 8, 2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on April 10, 2014 and subsequent information received on April 29, 2014 and April 30, 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: 1. 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: Amount Approved (Units) Plan Location or Reference DWR Project # 20140386 t (J �e�,% "man r: b7 Onslow County C.1 May 149 Fredricka Lane, Swansboro Approval of 401 Water Quality Certification with Additional Conditions You have our approval, in accordance'with the attached conditions and those listed below to permanently fill 0.0429 acres (1870 sq ft) and temporarily impact 0.0379 acre (1,650 sq ft) of wetlands to access uplands, as described in your CAMA application dated April 8, 2014 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on April 10, 2014 and subsequent information received on April 29, 2014 and April 30, 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: 1. 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: 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910 - 796 -72151 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Amount Approved (Units) Plan Location or Reference Open Waters /Shallow Bottom N/A Stream 404/401 wetlands (filled) Impact W1 Permanent Temporary 0.0429 acre (1870 sq ft) 0.0379 acre (1,650 sq ft) Proposed Driveway & Culvert drawing(attached) 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910 - 796 -72151 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Charlene Hahn DWR Project # 2014 0386 April 30, 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. Any final construction plans for this project must include or reference the application and plans approved 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 5. 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. 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 temporary work corridor cannot be cleared through the use of machinery (mechanized clearing), the vegetation to be cleared must be done by hand. No grading or grubbing is allowed in the temporary impact areas. Any equipment will need to be on mats. NO temporary Impacts to Coastal Marsh is allowed. The applicant should contact this office once the road is installed and the temporary impacts of the work corridor restored to original grade and contour. Natural vegetation should be allowed to re- vegetate the temporary impact areas. Upon restoration of temporary impacts to wetlands, all restored areas shall be monitored semi - annually for at least two years with photo documentation. The monitoring may be extended up to another 3 years if the restoration sites have not adequately recovered 9. 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 and that they are sized correctly. Charlene Hahn DWR Project # 2014 0386 April 30, 2014 Page 3 of 4 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 and /or authorized agent is required to return the attached certificate of completion form to the DWR 401 and Buffers Unit, North Carolina Division of Water Resources, 1650 Mail Service Center; Raleigh, NC, 27699 -1650 within ten days of project completion (the form is also available at: http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). 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. Charlene Hahn DWR Project # 2014 0386 April 30, 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 @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, `� . C4_�� Jim G on, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Attachment Enclosures: GC3886 Certificate of Completion cc: Laura Stasavich — Land Management Group — electronic copy Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 and Buffers Permitting Unit Jonathan Howell - DCM Morehead City - electronic copy WiRO 6.67 4: 5.7t 6.76 N/F 8.8ARDEN LANIER LMG Note: Placement of driveway filLwUl-bij' AND WIFE performed ftom-wilthintWe PrUPU-Se-Er-dinveway PHoE8E A. LANIER WETLANDS footprint 6 the greatest extent possible. DB .1290, P.551 o ... A temporary work corridor approximately CY 10' wide on either side of the retnv@gwalls' maybe needed for equipmeCt access during ....::..............:':• :'. .............. . ..... Proposiff o installation of the walls. Eq6ipment matting .... Drivew4y .......... will be used in any temporary 15'-wi(Le• work corridor A5'. 1 utslde the fill area and ho Chan 97-Ift changes in grade ..... ... 'o, ............. will occur. There will bd no temporary ...... 1,475.9 sq.ft. • disturbance in the coastal marsh. ..... .• Oe 4.64 Temporary 5 Wetland Disturbance , Gy Limits (along PIL) .... ...... 10,00 ......... ............ ................ ......... ....... .... ......... .-1+4.93 ........ . A! P posed .. + 3 Temporary Wetland Distgrbance IF Retainin Wall ................... Limits 2' ide Propos d -10 ift ... Retainin Wall -• 2'-wide ........... .. .............. - 96-Ift 5.02 . ............. ........... ............... +4.32 COASTAL MARSH A Proposed Culvert 24-1 ft 15" to 18" dia. buried 3" to 4- ............. ............. Culvert will not extend into .............. ............. Proposed•,P2rmanent 404 Impacts coastal marsh. Driveway Surface 1475.9 sq.fL West Retaining-Wall 202 sq.ft ........... East Retaining Wall, 192 sq.ft. + L33 .... .. .. .. 6.35 .................. :.%, Total Permanent Impact sq.ft. r ......... . . . . ......... ..... Temporary Impact lBase survey provid S 1,650-sq.ft. Lanier Surveyln an . Notes-have been added ................ ............ 5. by LMb fdi.qAMA I .. ...... LEGEND purposes only. A high waterjine +322., sbtvpyed by Lanfe fbeen 146 WATER UAW removed by LMG as requested —01 WETLANDS by N(;PCM followi6g a —cm qQ-Wg MARSPt - 3/11/2014 updated NHW delineation = j + GROUND SHOT 4-24-2013 by DCM staff., Notation regarding the PRELIMINARY updated NHW has been added by FOR REVIEW ONLY LMG. NHW as deterininedby 6.72 DCM on 3/il)"14 is PROPOSED DRIVEWAY SURVEY located appjo)dmatply LMG Note: Final culvert size to be determined by contractor. 52-ft south*est ofthe Culvert will be buried 20% of width fthe &AMELENE 4AN 2 - existing wbodenwalkway. and will not extend into coastal No portion of the, 30' coastal marsh. 149 FREDERICKA LANE shoreline buffer Is located SWANSBORd NC, 28584 with[n..thb project area, SCALE 0.94 0 10 20 30 wirnmc Fur 624-4 CQRBM AVE: NC COBS NETWORK MAD 83 2011 illlillit SWASSN"; Me A 84 ALL DISTANCES ARE HORIZONTAL (910)325-MI-4 8U0W8VN9 =110WANY FM RMSIRATIC11 f P-0124 VERTICAL DATUM: NAVD88 FEET 1` - - =30' .DATE: 5. 2-2013 PRELIMINARY. 6—. Notfor Construction. P Project: Date: Revision Date. ARR - 149 Fredericka Lane LMG Swansboro, NC 2/2014 4/3012014 "NDX1,UQWAB1MGRouP. Title: Scale: Job Number I'= 10' 02-13-171 Post OMm Box2622 Proposed Driveway -- Drawn By. W,,,, naton, Nonh CamUrts 28402 and Culvert Figure: 1 of 2