20071698 Ver 1_No Written Concurrence_20071025

O~OF W ATF9QG Michael E. Easley, Governor
~ William G. Ross Jr., Secretary
tom-- North Carolina Department of Environment and Natural Resources
} ~
~ .~ Coleen H. Sullins, Director
Division of Water Quality
October 25, 2007
Onslow County
DWQ Project #: 071698
Mr. Robert C. Perry and Ms. Heather A. Sullivan
145 Wheeler Creek Road
Sneads Ferry, NC 28460
Subject Property: Heather's Garden Center, Sneads Ferry
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Perry and Ms. Sullivan:
You have our approval, in accordance with the attached conditions; to permanently impact 0.10
acres of wetlands to construct a driveway to access a proposed garden/landscaping business on the
subject property as described in your application dated September 28, 2007. After reviewing your
application, we have decided this fill is below the threshold for written authorization as long as all
conditions of General Water Quality Certification Number 3631 are met. This certification may also
be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to
use the Nationwide 39 Permit when issued by the US Army Corps of Engineers
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you maybe 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 maybe 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 approximately 44' wide corridor for the driveway must be fenced on both sides (with
silt fencing) so that additional wetlands will not be impacted.
2. Deed notifications or similar mechanisms (restrictive covenants as required by the Corps)
shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order
to assure compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate. A sample deed notification
can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe
modified as appropriate to suit to this project. A recorded copy of the deed notifications
must be submitted to this Office and to the 401 Oversight and Express Unit in Raleigh
before the impacts to wetlands approved by this Certification can take place.
N °GhCarolina
~fura!!y
North Carolina Division of Water Quality ] 617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ore Location: 512 N. Salisbury St Raleigh, NC 27604 Fax [phone] ]-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Page Two
Mr. Robert C. Perry and Ms. Heather A. Sullivan
DWQ Project #: 07 1698
October 25, 2007
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
4. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions and the General Certifications are made conditions ofthe Federa1404 and/or coastal
Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at 919-715-1786 or Joanne
Steenhuis at our Wilmington Regional Office at [phone].
/Sincerely, ~~
I~ . _.. _., _. .,~ ~
~~ j
oanne Steenhuis
Senior Environmental Specialist
Enclosures GC 3631
Certification of Completion
cc: Angie Pennock - SEGi
Ian McMillan -DWQ 401 Oversight Unit
Brad Shaver -Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
Central Files
WiRO