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HomeMy WebLinkAbout20150478 Ver 1_No Written Concurrence_20150529NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 29, 2015 A. Sydes Construction c/o Anthony Sydes P.O. Box 70122 Greenville, NC 28540 Subject: Laurie Meadows Subdivision, Phase 3; Pitt County NO WRITTEN CONCURRENCE NEEDED Dear Mr. Sydes: Donald R. van der Vaart Secretary D W R # 15 -0478 Pitt County You have our approval, in accordance with the attached conditions to impact 0.026 acres of waters in order to construct Phase 3 of Laurie Meadows residential Subdivision as described in your application dated May 7, 2015 and received by the Division of Water Resources (Division) on May 12, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as the conditions of General Water Quality Certification Number 3890 (GC 3890) are met. This certification allows you to use the Nationwide 18 when issued by the US 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 is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). (15A NCAC 02H .0506(b)(5)] 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 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- 975 -37161 Intemet www.ncdenr.gov An Equal Oppoduniry l ARumaUVe Achon Employer- Made in pan by recycled paper A. Sydes Construction c/o Anthony Sydes DWR # 15 -0478 401 APPROVAL Page 2 of 3 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:OOam and S:OOpm, 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: Sam H. Hayes, 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 Act. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraugh @ncdenr.eov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3890 Certification of Completion A. Sydes Construction c/o Anthony Sydes DW R # 15 -0478 401 APPROVAL Page 3 of 3 cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) DWR 401 & Buffer Permitting Unit File (Laserfiche) File Kim Williams, Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Stephen Janowski, PE, Rivers & Associates, Inc., 107 East 2 o Street, Greenville, NC 27858 w NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor DWR Project No: Applicant: Project Name: Donald R. van der Vaart Secretary 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Division of Water Resources -401 & Buffer Penifting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 919807 -63001 FAX: 919907 -6492 Internet www.ncwaterquality.org An Equal Oppoftunity I ARVmaUve Aeden Employer- Made in part by axyded paper