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Home My WebLink About20140224 Ver 1_Approval Letter_20140320\' 'CDEN R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Division of Water Resources Water Quality Programs Thomas A. Reeder Director March 20, 2014 John E. Skvarla, III Secretary DWR # 14 0224 Pender County Tina Martin and David Ward 8909 Breendle Court Leland, NC 284511 Subject Property: Equine Acres lot 21, Hampstead APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Ms. Martin and Mr. Ward: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.05 acres of wetlands as described in your after - the -fact pre- construction (PCN) application dated March 5, 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. 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 r 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: Nilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 'hone: 910 - 796 -72151 FAX: 910 - 350 -20041 DENR Assistance: 1-877-623-6748 ntemet: www.ncwaterquality.org \n Equal Opportunity 1 Affirmative Action Employer Tina Martin and David Ward DWR Project # 140224 March 20, 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(s) /Permit /Authorization 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 Resources 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, they shall be removed and the natural grade restored within six months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. 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. Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404/401 Wetlands Permanent Temporary Wetland plan map and W1 (0.05 ac) Wetland impact map (attached) 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. 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 Resources 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, they shall be removed and the natural grade restored within six months of the date that the Division of Energy, Mining and Land Resources (DEMLR) has released the project. 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. Tina Martin and David Ward DWR Project # 140224 March 20, 2014 Page 3 of 5 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. 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. 9. After the Fact Permits Please be aware that by having impacted wetlands 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. 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 is required to return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. Tina Martin and David Ward DWR Project # 140224 March 20, 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 1506 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. 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, Fed Ex, 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 Tina Martin and David Ward DWR Project # 140224 March 20, 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 Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.Rov if you have any questions or concerns. Sincerely, Jim Gregson Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 3890 Certificate of Completion cc: Doug Huggett — DCM Morehead City Crystal Amschler — USACE Wilmington Regulatory Field Office Jennifer Burdette — DWR -401 Wetlands & Buffer Unit WiRO 'k ir v . 21PS! Nr qA c>F F MP owl -a 0"'67f, v Sn' Rc ne • T 4-- , zi ON l • AAA N7,AA& Rib 'W'sAp --'No gym X 4 E 401'Q� • 11,44-VITV Th Von, 9 "YS'" oil" not ,4 ZIA ISO Np� !l'u TRW yk:Yll Q Cm 'lp X N <I Q) o CL (a q. V=4 06 L K5 " . s 4, , 0 pa �4$12 M .`i.. C .1 - F my, will- x p q 1w.1 011t Vmr, P1 rit '�P,f,va� <," �' a,r5 �' MENU-WWI IN, 20, Kwk HIVE mm z; gg ),, KIP- U m f�4 ww I A AV M om • N- IFVsmg MO '10 Lo 2zt Pig" W1" wow �RWV 41 qy zzi� id 4'Q Tmq- log A4 V �1! g". 'i ,it 4 qu ORO 4 7 V4 JW- "20 ya OVA, t Alt' AN r py, too I FR' 1AR Q) <1 CL v=4 E rcoL 0 3