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Home My WebLink About20140983 Ver 1_Approval Letter_20141009• ' "Ew c CDEN '' � North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 9, 2014 American Tower Corporation Attn: Margaret Robinson 10 Presidential Way Woburn, MA 01801 Subject Property: Reynolds NC Communication Tower, Richlands APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Ms. Robinson: John E. Skvarla, III Secretary DWR # 14 0983 Onslow County You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.26 acres of wetlands as described in your pre- construction (PCN) application dated September 9, 2014 and received by the Division of Water Resources (Division) on September 15, 2014. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 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 requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404/401 Wetlands Permanent Temporary W1 (0.26 ac) Site Plan C1 (attached) 127 ardina Drlve Ext, I mington, North carollna 2 05 Phone: 910 - 796 -72151 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper American Tower Corporation Attn: Margaret Robinson DWR Project # 14 0983 October 9, 2014 Page 2 of 5 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 Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name 115A•NCAC 02H .0501 and .05021. 3. This General Certification shall expire on the same day as the expiration date of the corresponding General 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 applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Resources Certification. 5. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent. The applicant shall require his contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. Documentation via letter or e-mail must be provided to the Division prior to the start of construction confirming that the construction drawings are consistent with the permitted drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to working in wetlands. 6. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable. • ' American Tower Corporation Attn: Margaret Robinson DWR Project # 14 0983 October 9, 2014 Page 3 of 5 7. Sediment and Erosion Control Measures Sediment and erosion control measures shall be in place prior to ANY land disturbing activities commencing. The silt fences shall be installed in accordance to plan and the side cast from the trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that is to be left undisturbed. The permitee must maintain the fencing, at a minimum, until the Division of Energy, Minerals and Land resources, Land Quality section, releases the site from their sedimentation and erosion control requirements. The fencing must then be removed within 6 weeks. 8. Wetland Boundary Identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained until the project is completed. 9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 10. Deed Notification /Mitigation Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impacts. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401$ Buffer Permitting Unit website at http: / /poital.ncdenr.org/ web /w " /swp /ws/ 401 /certsandpermits /apply /forms. (15A NCAC 02H .0501 and .0502). A recorded copy of the deed notifications or restrictive covenants (if required by the USACE) for the remaining wetlands on the property shall be included with the Certification of Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must also be complied with. American Tower Corporation Attn: Margaret Robinson DWR Project # 14 0983 October 9, 2014 Page 4 of 5 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 j required to return a copy of the certificate of completion form to the'NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 within ten days of project completion (the certification of completion is available at: http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms). f 15A NCAC 02H .0502 (f)) 12. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 115A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, Fed Ex, 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: • ' American Tower Corporation Attn: Margaret Robinson DWR Project # 14 0983 October 9, 2014 Page 5 of 5 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification and its conditions shall be final and binding. This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. 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. Enclosures: GC 3890 Certificate of Completion Sincerely, --- Jim gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR RECEIVED OCT 13 2014 cc: Nicholas Carmean — AquAeTer, Inc. — electronic copy DENR -LAND QUALITY Jonathan Howell — DCM Morehead City — electronic copy STORMWATER PERMI77ING Tyler Crumbley — USACE Wilmington Regulatory Field Office Jennifer Burdette — DWR -401 Wetlands & Buffer Unit WiRO f NOTES, 1. VERTICAL DATUM IS ASSUMED. THE LATITUDE, LONGITUDE AND STATE PANE COORDINATES, IF SHOWN, ARE OWN IN NORTH AMERICAN DATUM OF 1983 (NAD83). 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES AND ALL BFARIN NORTH CAROLINA STATE PLANE COORDINATE SYSTEM UNLESS OTHERWIS i 3. PROPERTY OWNERI CHARLES BLAKE (0 8.3357, PG.299 jQ 152 DAMS ROAD, ONSLOW COUNTY, NC, 28574 4. PROPOSED GRADING NOT SHOWN AND MAY EXTEND OUTSIDE THE LEASE AREA AND PROPOSED EASEMENTS. a _ THIS PARCEL OF LAND LI WITHIN FLOOD ZONE X WHICH N A ASPECIALFLOOD a HAZAITITWAASP .PANEL Wetland NUMBER: 3720 30500J EFFECTIV -. - ,g F.I.R.M. PANEL NUMBER: 4306 - F.I.R.M. MAP NUMBER: 372043060 O PROPOSED 9' TALL CHAIN LINK FENCf W/ PRNALY SLATS PROPOSED GUY ANCHOR (CLAY RADIUS AND ANCHOR LOCATIONS TO BE - ,G DETERMINED) PROPOSED MAN CATE Wetland OSED t0O'x1OO' LEASE AREA PROPOSED 300' GUYED TOWER (SEE SHEET C3 FOR DETAILS) PROPOSED AT &T -- - EOUIPMENT SHEL w r yh� =Y0'x8D' GRAVEL AROUND OSED 80x50' FENCED COMPOUND SHEET C2 FOR DETAIL$ s J ANCNOU;i GUY 'L;�OR1S 'T (TYP. 3) Wetland SCALE: 1 " -50' (22x34 PLOT) SCALE: 1" =100' (1107 PLOT) Wetland 50 0 50 100 (22x34 PLOT) 00 o too zoo / (t 1x17 ,w.oT) LEGEND O :SET IRON PIN O :FOUND IRON PIN (AS NOTED) 0 :COMPUTED POINT 0 :CONCRETE MONUMENT ACCESS CATE I :RECORD DESCRIPTION DATA POB :POINT OF BEGINNING. — 0 — :FENCE AS NOTED —.11 - :OVER HEAD UTILITY LINES �Ql :WOOD UTILITY POLE El :ELECTRIC TRANSFORMER (Z :TELCO PEDESTAL : GW GUY WIRE Wetland OSED t0O'x1OO' LEASE AREA PROPOSED 300' GUYED TOWER (SEE SHEET C3 FOR DETAILS) PROPOSED AT &T -- - EOUIPMENT SHEL w r yh� =Y0'x8D' GRAVEL AROUND OSED 80x50' FENCED COMPOUND SHEET C2 FOR DETAIL$ s J ANCNOU;i GUY 'L;�OR1S 'T (TYP. 3) Wetland SCALE: 1 " -50' (22x34 PLOT) SCALE: 1" =100' (1107 PLOT) Wetland 50 0 50 100 (22x34 PLOT) 00 o too zoo / (t 1x17 ,w.oT) N/F BEN WILLIAMS PARCEL ID 048127 DO 2828. PC 698 ZONED: LAND USE: VACANT N ®t eyed DENNI S L UPYAN PARCEL ID 048130 \ DB 2828• PC 698 \ ZONED: \ LAND UST' VACANT N/F \ DENNIS LUPYAN \ PARCEL N 048131 DB 2828. PG 698 CONED: LAND USE: VACANT QO mow' 6+ 99 Q La- L:4a�» Q W 2 5 0% Ow11ER /APPLICANT. Q - A011 ®R6CA9LC3bW�Q:° U MOO RECENCY PARIMAY. SURE too z CARE. NC 2751A PRFPME9velocitel° come oto vlro occ fo ullonc � Fvc 19181 RATOpOG \C FLm LMne'P939 AAL °m,lli ES �q,'. % Q SEAL �••�s - 025640 `< /AM P \�' 1w � 0 0 o /15/u Cw mcOUaoxox xoY f 11/21/1 Rim f 011 ' SAN 280904 Im NA9C REYNOLDS NC cr w_ 152 DAMS ROAD RICHLANDS, NC 28574 (ONSLOW COUNTY) 1 ar xoY tv Rn slx rla r 5o1Ar19PCms N4 DCSCRP1Mk SITE PLAN uc xuueEm C.E 1 $ETV WIf.U`R AMSRO D (60, pUBI�C EXIST'NG FENCE _ T r I 'N GATE R /W� TOFF REMOVFD — PROPOSED 16' ACCESS CATE PROPOSED 12' WIDE IX ACCESS ROAD TO FOLLOW EXISTING SOIL ROAD PATH 9 N/F BEN WILLIAMS PARCEL ID 048127 DO 2828. PC 698 ZONED: LAND USE: VACANT N ®t eyed DENNI S L UPYAN PARCEL ID 048130 \ DB 2828• PC 698 \ ZONED: \ LAND UST' VACANT N/F \ DENNIS LUPYAN \ PARCEL N 048131 DB 2828. PG 698 CONED: LAND USE: VACANT QO mow' 6+ 99 Q La- L:4a�» Q W 2 5 0% Ow11ER /APPLICANT. Q - A011 ®R6CA9LC3bW�Q:° U MOO RECENCY PARIMAY. SURE too z CARE. NC 2751A PRFPME9velocitel° come oto vlro occ fo ullonc � Fvc 19181 RATOpOG \C FLm LMne'P939 AAL °m,lli ES �q,'. % Q SEAL �••�s - 025640 `< /AM P \�' 1w � 0 0 o /15/u Cw mcOUaoxox xoY f 11/21/1 Rim f 011 ' SAN 280904 Im NA9C REYNOLDS NC cr w_ 152 DAMS ROAD RICHLANDS, NC 28574 (ONSLOW COUNTY) 1 ar xoY tv Rn slx rla r 5o1Ar19PCms N4 DCSCRP1Mk SITE PLAN uc xuueEm C.E 1