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Home My WebLink About20141008 Ver 1_Approval Letter_20141023A �� I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 23, 2014 Dean Hensley PO Box 26 Ravenswood, WV 26164 Subject: Approval of 401 Water Quality Certification with Additional Conditions Hensley Property Dear Mr. Hensley: John E. Skvarla, III Secretary DWR # 14 -1008 Hyde County You have our approval for the impacts listed below for the purpose described in your application dated September 18, 2014 and received by the Division of Water Resources (Division) on September 22, 2014. These impacts are covered by the attached Water Quality General Certification Number(s) 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number(s) 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 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/ Approved (units) Approved Reference Attached Permanent (units) Temporary 401/404 Wetlands W1 (Single Family 0.035 (acres) 0 (acres) Nationwide # 18 Residence) Permit Site Plan Daris Dean Hensley 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 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 \ Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. Dean Hensley DWR# 14 -1008 401APPROVAL Page 2 of 4 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. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3890. 4. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. S. Re Opener Clause Dean Hensley and his authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Dean Hensley 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. If DWR determines that such standards or laws are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Dean Hensley and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 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. 6. 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. 7. 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 Mr. Dean Hensley DWR# 14 -1008 401 APPROVAL Page 3 of 4 OAH). A petition form may be obtained from the OAH at htto: //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 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 anthonv.scarbraugh @ ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant R Tonal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: 3890 Certification of Completion Mr. Dean Hensley DWR# 14 -1008 401APPROVAL Page 4 of 4 cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) David Moye, DCM WaRO Jennifer Burdette, DWR 401 & Buffer Permitting Unit Pat McClain, DELMR WaRO (via email) File Doug Dorman, Atlantic Environmental Consultants, LLC, PO Box 3266, Kitty Hawk, NC 27949 LEGEND 0 - EX. PIPE 0 - EX, 1/2" REBAR 0 - REBAR SET ® - EX. IV DIA. ROUND CONC. MON. ❑ - IX. CEDAR POST WIN TACK ® - EX. P/K NAIL & WASHER 0 - P/K NAIL SET �( - CALCULATED POINT ® - WATER METER - PHONE PEDESTAL C,A.T.V. - UTILITY POLE -c- GUY WIRE ir- FIRE HYDRANT ®- ELECT. TRANS. AG - ABOVE GRADE SO - BELOW GRADE Al - WETLANDS FLAG (TV.) ®- WETLANDS RLL AREA (1,545 SF) THE BOUNDARY SURVEY AND WETLAND LINE HAVE BEEN PROVIDED BY SEABOARD SURVEYING AND PLANNING, INC. SURVEY DATED 8/7/74 r" 1' OPEN PIPE O,5' BG NOTES' L THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 2. AREA BY COORDINATE COMPUTATION = 9,573 S.F. 3. FARM. ZONE: 'AE''(B.RE: 6.0') (PER ELR.M.j k i' FREEBOARD 4. PIN NO, 9500 -28 -4799 5. RECORDED REFERENCE: DB 208, PG 620; DB 134, PG, 562 8. MINIMUM BUILDING ONES (MEL), IF SHOWN HEREON, ARE PER THE CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS AND/OR RESTRICTIONS MAY APPLY AND MUST BE VERIFIEO PRIOR TO CONSTRUCTION. 7. ELEVATIONS (NAW 1985): AS SHOWN ONE 51. g L 1 E 2014 CEDAR POINT ROAD (30' UNIMPROVED R /W) 2' N/F SELMA M. COHOON & BEVERLY J. COHOON e ' (MB 1, PG 79) 'PROPOSED RESIDENCE 1 `0p1 V Y 1 1 L h al- �� PROPOSED SILT FENCE AT TOE OF FILL SLOPE N LOT A ro LOT B j UPLANDS (7.]88 S,F. M WILLIAM &HELEN RIGHT of WAY 0/ WERANDS(1,787 s.F,; n STYRON PROPERTY PER.PAVEMENT AND SURROUNDING N/F MONUMENTATION / e,9 •• JOHN G GAW, JR. (DB 734. PG 562) 1 208, PG 633) 2' OPEN PIPE aN DRAINRELD FLUSH R WAY PER h /PER DEED u o. L 1' OPEN PIPE BG 80,006, 0,8' LIGy l2_ G.1' BE S51'13'27 "-W (DISTURBED) i L7 Fwsx - ___THOUSE Rp -SR BRYANT LANE (20' PRIVATE LAW) D.z• 9c —' _ _ EV. 8/14/14: BOUNDARY, AREA - 04 SG NATIONWIDE #18 PERMIT SITE PLAN DARIS DEAN HENSLEY LOT A — WILLIAM & HELEN STYRON PROPERTY — OCRACOKE OCRACOKE TOWNSHIP — HYDE COUNTY — NORTH CAR01_INA FILE: 2014 47DIA111 £VV1, i A(Af vUZ CONSIIU, ✓TS, LIC GRAPHIC SCALE 1 ° =30' P..0. bow .ywe I(ITYY /Lqw', N. C. 7,7.949 fj52,/ZdJ °Yldl, e -inaH rnxcarmant2aadcom GATE: 9/10/14 REVISED: