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Home My WebLink About20100506 Ver 3_Approval Letter_20150924Nh'L-h ca.( {!(1'u CfC E[l[ "1 Cs[ CSC (,ICE [ °C;fif iC;li"CcJ ( L,r`.i Pat McCrory Governor Donald R. van der Vaort Secretary September 24, 2015 D W R # 2010 0506 V3 Onslow County Alexander C. Bruton and Sandra M. Bruton 109 Little Kinston Rd. Cape Carteret, NC 28584 Subject Property: Kingsbridge on Queens Creek SD, Hubert APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. and Mrs. Bruton: You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.0242 acres of wetlands as described in your after - the -fact pre - construction notification (PCN) application dated August 12, 2015 and received by the Division of Water Resources (Division) on August 14, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Ir addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Stream I N/A (feet) 404/401 Wetlands Permanent Temporary 1 0.0242 ac N/A TOTAL 0.0242 acre 0.0 Division of Water Resources Wilmington Regional Office 127 Cardinal Dr. Ext., Wilmington, NC 28405 Phone (910) 796 -7215 Internet v. n"rw.ncdenroov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Plan Location or Reference Portions of Alexander C. Bruton Owner Developer Plat (attached) Alexander C. Bruton and Sandra M. Bruton September 24, 2015 Page 2 of 4 2. This approval is forth e 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 application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). 3. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 4. The applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including 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, than the Division may reevaluate and modify this General Water Resources Certification. 5. Sediment and Erosion Control Measures Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 6. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours (15A NCAC 02H .0502 (e)). 7. Wetland Boundary Identification All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H. 8. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] Alexander C. Bruton and Sandra M. Bruton September 24, 2015 Page 3 of 4 9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7315 and after hours and on weekends call (800) 858.0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026.0200 (3)(f), and GS 143 Article 21A] 10. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026 .0200 (3)(f)) 11. The permitee shall require its contractors and /or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 12. Any additional impacts to streams and /or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities within this subdivision will require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H.0501 and .05021 14. Certificate of Completion 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: / /oortal.ncdenr.orR/ web /wci/swo /ws/ 401 /certsandpermits /apply /forms). [15A NCAC 02H .0506(b)(5)] Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httn: / /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). Alexander C. Bruton and Sandra M. Bruton September 24, 2015 Page 4 of 4 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 M. 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 Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.eov if you have any questions or concerns. Sincerely, A e Jim , regson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3890 cc: Brad Shaver- USACE Wilmington Regulatory Field Office — electronic copy Karl Hammers — DEMLR WiRO Jennifer Burdette — DWR Wetlands and Buffers Unit WiRO i 1 + >� 930 Sloee, So f L9+n� 44 it v tlq ®sAsr mu w;l O H � OAF- Z!9 colt/ Ert , "*,St W i set Rce Q 76% 6 64mir, 0.9 1.47 0 3 1W VX, Ad Pcuperi'y 1:nes NaI� s�ar� �a�e been Qlan3e� a+k) � not 'inyal.V.�_-�1.� �cppe< o� �1�is p \an 3MV4�T Arco °�1 so ft� = Z55 ccT Acew` 611 Sw �+� _ 1o5'i Tu lkl iMpac� S4 fi s = 1 ?09 W A1k Dep',c--- rJ _Ue--i � 4telrs ?Tn.v- ;ou51Y_ F_Mpa��reu_h_ 404 WETLAND DATA 1 - LINE TAHLE I - I LINE I1_�__� LENGTH BEMM I ua9 xcewr•vl K AVw'V DRI ` r 1 W �u— I L' z1w IeFefsx k K•+J G >Y'm�i4'V w U c9 / I L< I 1.} l4Yb N9S96'P.'NI j � a] N Z 1 1 F6 If -.rl19N1 19.90 �S 2T� I'M a] zus z VY13RIDGE E I DR. 'T` L ` �eai�+ ^" M 1 un x°a'irm Yv Y QUEENS HAVEN RD. 1 11J i I �Ta91 2i ]I 9S4PIfiV - .Wa$4.3lw1 I QUEENS CREEK RD.i L179 4?