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Home My WebLink About20140801 Ver 1_No Written Concurrence_20140811Pat McCrory Governor August 11, 2014 Clearly Development, Inc. Attn: Anthony Sydes 100 Carolina Plantations Blvd. Jacksonville, NC 28546 Paradise Point Subdivision, Jacksonville NO WRITTEN CONCURRENCE NEEDED Dear Mr. Sydes: John E. Skvarla, III Secretary DWR Project #: 14 -0801 Onslow County AUG 1 4 2014 You have our approval, in accordance with the attached conditions; to permanently impact 0.015 acres of isolated wetlands and temporarily impact 0.007 acres of jurisdictional wetlands as described in your Pre - Construction Notice (PCN) application dated July 9, 2014 and received by the Division of Water Resources (DWR) on July 24, 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 and the Sate General Permit are met. These impacts are covered by the enclosed Water Quality General Certification Number 3884 and State General Permit # IWGP100000. These certifications are associated with the use of Nationwide Permit Number 12 (NW 12) once it is issued to you by the U.S. Army Corps of Engineers and the State General Permit # IWGP 100000 issued by the DWR. 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 or State General 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 certifications and any additional conditions listed below. 127 Cardinal Drive Ext., Wilmington, NC 28405 �OI'i��ai' ®IflT1a Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper NaAmally Clearly Development, Inc. Attn: Anthony Sydes DWR Project # 20140801 August 11, 2014 Page 2 of 4 Conditions of Certification: 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. 2. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. 3. „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:'_. 4. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. (See condition #19) 5. Protective Fencine All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. 6. Turbidity Standard The turbidity standard of50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0211. Appropriate sediment and erosion control practices must be used to meet this standard. 7. If the wetland drain contains a lot of water and is flowing, when construction of the temporary impact is to start, the applicant would be require to install a pump around to keep turbidity and sediment from impacting the downstream wetland and /or stream. 8. 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 /wa /swp /ws /401 /certsandpermits /apply /forms). Clearly Development, Inc. ' Attn: Anthony Sydes DWR Project # 20140801 August 11, 2014 Page 3 of 4 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 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 8:00am 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 Clearly Development, Inc. Attn: Anthony Sydes DWR Project # 20140801 August 11, 2014 Page 4 of 4 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, Panne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR Enclosures GC 3884 IWGP 100000 Certification of Completion cc: Tim Stewart — Parker and Associates, Inc. — electronic copy Jennifer Burdette — DWR -401 Wetlands & Buffer Unit Mickey Sugg - USACE Wilmington — electronic copy Jonathan Howell — DCM Morehead — electronic copy WiRO 0 Z: \Land Projects 3 \Paradise Point \dwg \PP - Wetland Impact dwg, 7/23/2014 4 :43:11 PM, BLD ro a C cy to z 112 M/li 09 anlaQ.ia;_ n&olsa O WMTLA ® O a t • • .I' • • • • e • • ♦ • e • e 0 • �r e y • e • • • • • • e a • • e • agt to �j a ,r••� em I 1 � O • .�• O � � • app 0 \ � •\ O ..e r .•'.`• .s a7 C y ; 1 • UI 0 • e e '9�•a �.• .1 Clem .,O • : -.: a .�..¢ +_. • • ��"° Is �',� m e• r � 1 ••• 1 e O.11' . ?•._ •r o Sy • . 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