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HomeMy WebLinkAbout20140841 Ver 1_Approval Letter_20140915WDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 15, 2014 DWR # 14 -0841 Camden County Jay G. Winslow 1381 NC Highway 343 N South Mills, NC 27976 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Jay Winslow Property Dear Mr. Winslow: You have our approval for the impacts listed below for the purpose described in your application dated August 5, 2014 and received by the Division of Water Resources (Division) on August 20, 2014. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 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 certification(s) 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/ Reference Attached Approved Approved (units) (units) Permanent- ' Temporary 401/404 Wetlands Access Road 0.33 (acres) 0 (acres) Jay Winslow Property Nationwide #14 Permit& Restoration Map Division of Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -64811 Fax: 252 - 97537161 Internet: www,ncdenr.gov An Equal Opportunity 1 Affirmauve Action Employer— Made in part by recycled paper 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 and is responsible for complying with all conditions. 3. After the Fact Permit Please be aware that by having impacted the wetland 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 Resources. 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. 4. 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 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: 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. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosure: GC 3883 cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File I � � UPLANDS �. >. i EXISITNG IYETLND TINE B / KYLE BP.RNES USACOE 373 / I / I UPLANDS 11� 1 1 �11 1 a 1 11 1 111 � t�1 s 11 i\ � 11 1 1 11 1 Ak EXISTING 24' CULVERT .k �k a Im El a, ILI EXISITNG DRMWAY FILL 7V HEF IN PLACE 14,472 Sr 0.33 ACRES A aW T®ELANDS EXISTTNG .FILL AREA HAS BEEN RESTORED UPIANDS i i a WETLAND /BUFFER APPROVED NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DIVISION OF WATERQJJAI=F Rod GCI DATE 11`0- :2014 DWO Permit No. 14- V SUI LEGEND - EXISTING DRIVEWAY TO REMAIN - RESTORED WETLAND AREA _ — — SECTION 404 WETLAND LINE JAS WINSLOW PROPERTY N ATI NWI E 14� PERMIT & RESTORATION! PLAN SOUTH MILLS — CAMDEN TCOUNTY - — ! NORTHCAROLIN A 50' 0' i 00' 200' 300' 4 11fl n ail Z9V P7ff'0 'A# T A 0A 1Z T �r t1_1 i S j Zd t GRAPHIC SCALE 1" =100' Po, R04v ,3.26'I6; t /TAY rig °d f; iV O 279-19 i 1 j DATE: 8/5/14 - REVISED. FILE: 2014 DRAWN BY: DAD 1 1 EXISTTNG .FILL AREA HAS BEEN RESTORED UPIANDS i i a WETLAND /BUFFER APPROVED NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DIVISION OF WATERQJJAI=F Rod GCI DATE 11`0- :2014 DWO Permit No. 14- V SUI LEGEND - EXISTING DRIVEWAY TO REMAIN - RESTORED WETLAND AREA _ — — SECTION 404 WETLAND LINE JAS WINSLOW PROPERTY N ATI NWI E 14� PERMIT & RESTORATION! PLAN SOUTH MILLS — CAMDEN TCOUNTY - — ! NORTHCAROLIN A 50' 0' i 00' 200' 300' 4 11fl n ail Z9V P7ff'0 'A# T A 0A 1Z T �r t1_1 i S j Zd t GRAPHIC SCALE 1" =100' Po, R04v ,3.26'I6; t /TAY rig °d f; iV O 279-19 i 1 j DATE: 8/5/14 - REVISED. FILE: 2014 DRAWN BY: DAD