HomeMy WebLinkAbout20150302 Ver 2_No Written Concurrence_20150602A, AA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 2, 2015
George and Karen Jefferson
20 Pocosin Road
Washington, NC 27889
Subject: Driveway Crossing, 10.01 Acre Property on Back Creek
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. and Mrs. Jefferson:
Donald R. van der Vaart
Secretary
DW R # 15 -0302
Beaufort County
You have our approval, in accordance with the attached conditions to impact 0.042 acres of 401/404
wetlands in order to construct an access road to residential lot as described in your application dated May
7, 2015 and received by the Division of Water Resources (Division) on May 13, 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 3886 (GC 3886) are met. This certification
allows you to use the Nationwide 14 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). [15ANCACO2H
.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: 252-975-3716\ Internet: www.ncdenr.gov
An Equal opportunity 1 Affinnative Action Employer — Made in part by recycled paper
George and Karen Jefferson
DWR # 15 -0302
401 APPROVAL
Page 2 of 3
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: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 anthony.scarbraueh @ncdenr.eov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant egional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3886
Certification of Completion
George and Karen Jefferson
DW R # 15 -0302
401 APPROVAL
Page 3 of 3
cc: Kelly Spivey, DCM Washington
Gary Beecher, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
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Michael W. Baldwin, Baldwin Design Consultants, P.A.,
3740 -B Evans Street, Greenville, NC 27834
Louis C. Spell and Phillip A. Lewis,
905 East Arlington Boulevard, Greenville, NC 27858