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Home My WebLink About20081046 Ver 6_Approval Letter_20160317N., r..'AN Water Resources ENVIRONMENTAL QUALITY Hoosier Daddy, LLC Attn: Jack Carlisle 6025 Tarin Road Wilmington, NC 28409 Subject Property: PAT MCCRORY cove..... DONALD R. VAN DER VAART Sec.elary S. JAY ZIMMERMAN March 17, 2016 DiYeCtnr DWR # 2008 1046 V6 Onslow County Oyster Landing Subdivision, Sneads Ferry APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. Carlisle: You have our approval, in accordance with the attached conditions and those listed below to temporarily impact approximately 0.03 acres of wetlands for a utility line as described in your pre - construction notification (PCN) application dated November 16, 2015 and received by the Division of Water Resources (Division) on February 17, 2016 and subsequent information received on March 11, 2016 in the Wilmington Regional Office (WiRO). 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 29 once it is issued to you by the U.S. Army Corps of Engineers. In 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: State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Amount Approved (Units) Plan Location or Reference Stream 1 Permanent Temporary 1 N/A 404/401 Wetlands Permanent Temporary 1 0.03 ac Wetlands Map C1 (attached) State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Hoosier Daddy, LLC Attn: Jack Carlisle DWR Permit» 20081046 V6 March 17, 2016 Page 2 of 4 2. This approval is for the 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. S. 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. 6. 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)) 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 02 H. 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)] 9. All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] Hoosier Daddy, LLC Attn: Jack Carlisle D W R Permit N 20081046 V6 March 17, 2016 Page 3 of 4 10. 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, 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 02B .0200 (3)(f), and GS 143 Article 21A] 11. 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 0213 .0200 (3)(f)] 12. 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)] 13. 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 Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten days of project completion (available at: http://Po rta I. ncdenr.org/web/wg/swp/ws/401/certsand permits/apply/forms). 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Hoosier Daddy, LLC Attn: Jack Carlisle DWR Permit # 20081046 V6 March 17, 2016 Page 4 of 4 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 DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 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, AY�i gs,Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3890 cc: Dana Lutheran —SEGi— electronic copy Heather Coats —DCM Wilmington—electronic copy Brad Shaver- USACE Wilmington Regulatory Field Office —electronic copy Jennifer Burdette — DWR Wetlands and Buffers Unit WiRO cMPHIC SULE III hNO0.QON1iLL 1 1 IsOLATEO WTI -ANDS �d I OYSTER LANDING SUBDIVISION FERRY ONSLOW NORT 'sp PROPERTY PRENWAY DEVELOPED IN PHASE I O / O O AO O O / OO / 0 O O HOOSIER DADDY, LLC 6025 TARIN ROAD WILMINGTON, NC 28409 PHASE II VERA AY BARRIER / BO ELEV = 56.0 IDP EV a 60.0 MIN. — I2- LENGiH M Ei \ w LAY IER TRENCH 30' 60 s9 s9 sz 9e a.m o«so I.00 SECTION A—A 1' = 40' HOR TEMPORARY 1" = 4' VERT WETLAND IMPACT Moll � l � WETLAND IMPACT \ 1" — 50' � _m MAR 1 12016 j PRELIMINARY, DESIGN - NOT RELEASED FOR CONSTRUCTION v ENGINEERS,PLLC NFi No 6216 STONEBRIDGE ROAD WETLAND MAP C_1 WILMINGTON, NC 28409 910.5931161 LICENSE No. P-1033 r 1 \ \ ''✓�TIIIT 1- ,. �., "�(�•�( 1 1 1 I f ----u PHAIS� OYSTER LANDING SUBDIVISION FERRY ONSLOW NORT 'sp PROPERTY PRENWAY DEVELOPED IN PHASE I O / O O AO O O / OO / 0 O O HOOSIER DADDY, LLC 6025 TARIN ROAD WILMINGTON, NC 28409 PHASE II VERA AY BARRIER / BO ELEV = 56.0 IDP EV a 60.0 MIN. — I2- LENGiH M Ei \ w LAY IER TRENCH 30' 60 s9 s9 sz 9e a.m o«so I.00 SECTION A—A 1' = 40' HOR TEMPORARY 1" = 4' VERT WETLAND IMPACT Moll � l � WETLAND IMPACT \ 1" — 50' � _m MAR 1 12016 j PRELIMINARY, DESIGN - NOT RELEASED FOR CONSTRUCTION v ENGINEERS,PLLC NFi No 6216 STONEBRIDGE ROAD WETLAND MAP C_1 WILMINGTON, NC 28409 910.5931161 LICENSE No. P-1033