HomeMy WebLinkAbout20140398 Ver 1_Water Quality Certifications_20140815MC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 15, 2014
Donald S. Oden
PO Box 1717
Ocracoke, NC 27960
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Oden Property
Dear Mr. Oden:
John E. Skvarla, III
Secretary
DWR # 14 -0398
Hyde County
You have our approval for the impacts listed below for the purpose described in your application dated
April 7, 2014 and received by the Division of Water Resources (Division) on April 16, 2014 with subsequent
information received on June 26, 2014 and July 21, 2014. These impacts are covered by the attached Water
Quality General Certification Number(s) 3886 and 3890 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number(s) 14 and 18 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount
Amount
Plan location/
Approved (units)
Approved
Reference Attached
- maTrent
-(units]
Temporary
401/404 Wetlands
W3 (24' Wide
0.29 (acres)
0 (acres)
Access Road) .
Nationwide # 18 & #14
Fill Permit
W2 (Single Family
0.1 (acres)
0 (acres)
Residence)
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252- 946 -6481 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper
Mr. Donald S. Oden
D W R# 14 -0398
401APPROVAL
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accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
DWR in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
7. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
8. This approval and its conditions are final and binding unless contested.
These Certifications 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 8:0Oam 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 Ahe 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
7. General Information for all BMPs:
Yes No N/A
X Does routine maintenance appear to be satisfactory?
X Has sediment built up in the inlet, outlet, or forebay?
X Are there signs of erosion or any denuded areas?
X Is there trash or debris that needs to be removed? (This is particularly important at outlet
structures.)
X Are algae, aquatic weeds, or invasive plants (particularly cattails) present?
X Is there evidence of cracks, separation, or alignment problems with pipes?
X Are rip -rap dissipater pads damaged, clogged with vegetation, or insufficient?
X For dry detention ponds, is the basin holding water longer than 5 days after a storm event?
X Is there evidence of muskrat or beaver activity?
X Are vegetated slopes steeper than 3:1?
X Is there evidence of depressions in the soil surface over or around any pipes?
X Other problems not listed above (describe below).
8. Please describe all problems in detail: (Use additional sheets if needed)
See Photo Journal for details.
9. Please describe corrective measures taken: (Use additional sheets if needed)
10. Inspector's Certification
I, William S. Needham, PE , as a duly registered Professional in the
State of North Carolina, hereby state that the Stormwater BMP(s) described in this report were inspected under my
responsible charge, and to the best of my knowledge, the (BMP) device(s): (please select one of the following
statements)
have deficiencies noted above and must be repaired in order to function properly and operate as designed.
X are fully functioning and operating as designed and intended as of this date.
Sienature
08 -01 -14
Date
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