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