20090025 Ver 1_No Written Concurrence_20090226

AL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
City of Havelock
Attn: J. Quill
104 Outer Banks Drive
Havelock, NC 28532
DWQ 09-0025
Craven County
Subject Property: City of Havelock-Culvert Replacement-Joe's Branch
Joes Branch, Neuse Basin, 030410, 27-112-2-1, NSW, C, Sw
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Quill:
You have our approval, in accordance with the attached conditions, to
temporarily impact 0.07 acres of wetlands and 308.9 linear feet of stream for the
purpose of replacing 7 culverts as you described in your application received in
full by the DWQ on January 16, 2009. 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 Numbers 3687 and 3688 are
met, which may be viewed on our website at
http://h2o.enr.state.ne.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must
notify us and you may be 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
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturallbl
February 26, 2009
Page 2 of 2
approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. 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 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 and the Neuse River riparian buffer protection rule as described within
15A NCAC 2B .0233. If you have any questions, please telephone Kyle Barnes of the
Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
, xJ
Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3687 & 3688
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Justin Wight, EcoScience, 1101 Haynes St., Ste 101, Raleigh, NC 27604
Filename: 09-0025