20140314 Ver 1_Approval Letter_20140521

1. AJ7'4 ,
J MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 21, 2014
Beatrice Simpson
PO Box 183
Currie, NC 28435
Subject Property: Lot 4A — Family Division for Laura Murphy, Currie
APPROVAL OF 401 WATER OLIALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dear Ms. Simpson:
John E. Skvarla, III
Secretary
DWR #140314
Pender County
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact approximately 0.0597 acres of wetlands as described in your after - the -fact
pre- construction (PCN) application dated and received by the Division of Water Resources
(Division) on April 8, 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 29 once it is issued to you by the U.S. Army Corps of Engineers.
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
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
Stream
N/A (feet)
404/401 Wetlands
Permanent Temporary
Lot 4 -A, Family Division for
W1
(0.0597 ac) N/A
Laura Murphy Figure 1
(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

Beatrice Simpson
DWR Project # 14 0314
May 21, 2014
Page 2 of 5
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.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General 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.
4. 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.
5. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland
that is to be left undisturbed. The permitee must maintain the fencing, at a minimum, until
the Division of Energy, Minerals and Land resources, Land Quality section , releases the site
from their sedimentation and erosion control requirements. The fencing must then be
removed within 6 weeks.
7. Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the jurisdictional determination map signed by the US Army Corps of Engineers.
The wetland boundary identification (flagging, fencing, etc.) must be maintained until the
project is completed.

Beatrice Simpson
DWR Project # 14 0314
May 21, 2014
Page 3 of 5
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee /contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act.
After the Fact Permits
9. 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 Quality. 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.
10. Deed Notification /Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the USACE)
for the remaining wetlands on the property shall be included with the Certification of
Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must also
be complied with.
11. 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 enclosed certificate of completion form to the NCDENR 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 certification of
completion is also available at:
http: / /Portal.ncdenr.ore /web /wq /swp /ws/ 401 /certsandvermits /apply /forms).

Beatrice Simpson
DWR Project # 14 0314
May 21, 2014
Page 4 of 5
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.
This approval and its conditions are final and binding unless contested.
This Certification 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 be 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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

• Beatrice Simpson
DWR Project # 14 0314
May 21, 2014
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or
Jennifer.Burdette @ncder.gov or Joanne Steenhuis in the Wilmington Regional Office at
910.796.7306 or Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns.
Sincerely,
J4_
1im gson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certificate of Completion
cc: Gene Young — Applied Resource Management — electronic copy
Jonathan Howell — DCM Morehead City — electronic copy
Tyler Crumbley — USACE Wilmington Regulatory Field Office
LJennifer Burdette — DWR -401 Wetlands'& Buffer -Unit _2
WiRO

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