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Home My WebLink About20140634 Ver 1_No Written Concurrence_20140630Pat McCrory Governor June 30, 2014 Troy McKinney 124 Stoney Creek Drive Jacksonville, NC 28540 DWR Project #: 14 -0634 Onslow County Subject Property: 108 Hall Effect Lane, Maple Hill NO WRITTEN CONCURRENCE NEEDED Dear Mr. McKinney: John E. Skvarla, III Secretary JUL 0 9 2014 e ��a__ 'UAL TY You have our approval, in accordance with the attached conditions; to permanently impact 0.032 acres of jurisdictional wetlands as described in your after - the -fact Pre - Construction Notice (PCN) application dated June 2, 2014 and received by the Division of Water Resources (DWR) Wilmington Regional Office (WiRO) on June 17, 2014 and subsequent information received on June 27, 2014. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of the General Water Quality Certification are met. These impacts are covered by the attached Water Quality General Certification Number 3890. 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. 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 is 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) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1) 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. 127 Cardinal Drive Ext., Wilmington, NC 28405 One Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov NorthCarOlina An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper vvatmrall/Ll/ Troy McKinney DWR Project # 20140634 June 30, 2014 Page 2 of 3 2) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3) The approved plans and specifications for this project are incorporated by reference and are an .....enforceable- part,of the permit. 4) When completing the installation of the waterline, please install a clay plug at the lower end .of,;he wetland outside of the required gravel fill to prevent the wetland from draining. It should be about 12 to 18 inches thick and 6 inches or less below the surface. . k The matted.a`rea (being used as a crossing now) that is not in the proposed driveway footprint, will need to have the mats removed and the area restored to original grade. It should also be seeded to stabilize the area until the wetland species re- establish themselves. 6) The area on the downstream side of the culvert, at the entrance of the driveway, needs to be seeded and stabilized and have the sediment removed that has gotten into the streambed. 7) 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, 1617 Mail Service Center, Raleigh, NC, 27699 -1617 within ten days of project completion (the certification of completion 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. This Certification shall become null and void unless the above conditions and the General Certifications are made conditions of the Federal 404 and /or Coastal Area Management Act Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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:OOam and S:OOpm, 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. Troy McKinney DWR Project # 20140634 June 30, 2014 Page 3 of 3 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 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. Si Joanne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Attachment Enclosures GC 3890 Certification of Completion cc: Ellen Cornette —ARM — electronic copy Nathan King — King Companies — electronic copy Jennifer Burdette — DWR -401 Wetlands & Buffer Unit Brad Shaver - USACE Wilmington Jonathan Howell — DCM Morehead — electronic copy WiRO AREA NOT EVALUATED PROJECT AREA BOUNDARY 4, S�V UPLANDS I/ UPLANDS Q, C 4 j to WETLANDS Culvert ILtalled To 1 Allow Flow In Wetlands ti Waterline 9 Installed Within Impact Area j Estimated Impact Area With Fill With Gravel Ac, Drive ~137' x 15' (2,055 sq. ft. = 0.04717 acres) Culvert Installed N By Others In R/W N to Allow Flow --ta UT to Sandy-- --I Run Swamp No Additional Disturbance \\."---._-.---,- NOTES: Adapted from plot plan prepared by Weston Lyall, PE, PLS, PLLC dated 4/15/14 and Waters of the US Field Sketch SAW-2013-01380 for Troy McKinney Property prepared by Dave Bailey, USACE. TITLE: Proposed Wetland Impacts FIGURE: APP* 011edResource with House Site Location C. 7 Menagementr P. C. JOB: SCALE: DATE: DRAWN BY: 5 H.mp.tcad, NC 2841 43 14065 1" = 100' 6/25/14 EFC