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Home My WebLink About20140716 Ver 1_No Written Concurrence_20140730A 4 MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 30, 2014 DWR Project #: 14 -0716 Onslow County Donald and Heather Charboneau 339 Inverness Drive Hubert, NC 28539 Subject Property: 339 Inverness Drive, Hubert NO WRITTEN CONCURRENCE {NEEDED Dear Mr. and Mrs. Charboneau: John E. Skvarla, III Secretary Lg AUG 0 4 2014 8 - WA QUAL You have our approval, in accordance with the attached conditions; to permanently impact 0.01 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 11, 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 enclosed Water Quality General Certification Number 3890. This certification is associated with the use of Nationwide Permit Number 18 (NW 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: 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. 127 Cardinal Drive Ext., Wilmington, NC 28405 Orie .�f' ®Igl�� 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 Xawrallff Donald and Heather Charboneau DWR Project # 20140716 July 30, 2014 Page 2 of 3 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.. - Ce "rtificate:ofCompletion 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 •x <: within tenrdays of project completion (the certification of completion is also available at: littp: / /PortaI.ncdenr.org/ web /wq /swp /ws /401 /certsandPerm its /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 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: 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 Donald and Heather Charboneau DWR Project # 20140716 July 30, 2014 Page 3 of 3 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. Sir y, Jorfne Steenhuis Senior Environmental Specialist ilmington Regional Office Division of Water Resources, NCDENR Enclosures GC 3890 Certification of Completion cc: Jennifer Burdette — DWR -401 Wetlands & Buffer Unit Mickey Sugg - USACE Wilmington — electronic copy Jonathan Howell — DCM Morehead — electronic copy WiRO