20072041 Ver 1_No Written Concurrence_20080129

Michael F. Easley, Governor
O~O~ W A T ~RQG
~ y William G. Ross Jr., Secretary
} r North Carolina Department of Environment and Natural Resources
--1
D '~ Coleen l~. Sullins, Director
Division of Water Quality
January 29, 2008
Pender County
DWQ Project #: 07 2041
Top Kicks, Inc.
Attn: Brent Horne
PO Box 734
Richlands, NC 28574
Subject Property: Hotel Branch Estates, Richlands Onslow County
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Horne:
You have our approval, in accordance with the attached conditions; to impact 0.078 acres of wetlands
for a road crossing and lot fill and 301inear feet of stream impact on the subject property described in
your application received by DWQ on September 21, 2007 and additional information received on
November 21, 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 3705 (GC 3705) 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 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 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) Deed notifications or similar mechanisms 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.
N~~~~~~hCazolina
dvatura!!y
North Carolina Division of Water Quality 1617 Mai] Service Cen[er Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: w~~w.ncwaterquali .ur° Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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Page Two
Top Kicks, Inc.
Attn: Brent Horne
DWQ Project #: 07 2041
January 29, 2008
2) No Sediment and Erosion Control Measures in Wetlands -Sediment and erosion control measures
shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land Resources or locally
delegated program has released the project.
3) Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern and longitudinal
profile) must be maintained above and below locations of each culvert.
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 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 910.796.7215.
Sincerely,
~i -
~~'~%
Joanne Steenhuis
Senior Environmental Specialist
Enclosures GC 3705
Certification of Completion
cc: Haywood Pittman -Pittman Soil Consulting
Ian McMillan -DWQ 401 Oversight Unit
Brad Shaver - USACE Wilmington
Stephen Rynas - DCM Morehead
Central Files
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