20071613 Ver 1_No Written Concurrence_20071023

O~OF W AT~9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
© -~ Coleen H. Sullins, Director
Division of Water Quality
October 23, 2007
Pender County
DWQ Project #: 071613
Duncan and Allison Porter
14657 East Yellow Sage Lane
Vail, AZ 85641
Subject Property: Tract 7 Tommie Little Division
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. and Mrs. Porter:
You have our approval, in accordance with the attached conditions; to impact 0.0768 acres of
wetlands to construct a driveway to access a proposed single family house on the subject property as
described in your application dated September 17, 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
29 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 may be required to send us a new application. Ifthe
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 Certiitication:
1. The 15' wide corridor for the driveway must be fenced (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 may be
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.
~ nehCarolina
,1~atura!!y
North Carolina Divisron of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
[ntemet: www.ncwaterquality.or~° Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffrmative Action Employer - SO% Recycledll0°/ Post Consumer Paper

Page Two
Duncan and Allison Porter
DWQ Project #: 071613
October 23, 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.
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 of the Federal 404 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,
;'
Joanne Steenhuis
Senior Environmental Specialist
Enclosures GC 3631
Certification of Completion
cc: Ellen Cornette -Applied Resource Management, PC
Ian McMillan -DWQ 401 Oversight Unit
Brad Shaver -Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
Central Files
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