HomeMy WebLinkAbout20130598 Ver 1_Approval Letter_201306284MW 11 4 -
NCUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Acting Director Secretary
June 28, 2013
City of Washington
Mrs. Kristi Roberson
102 E 2nd Street
Washington, NC 27889
DWQ Project # 13 -0598
Beaufort County
Subject Property: Masons Landing Boating Access Area (625 Clarks Neck Road)
Tranters Creek [TAR06, 28 -103; NSW; C; Sw]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar - Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mrs. Roberson:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.003 acres of wetlands, 0.03 acres of waters and 110
square feet (ft) of protected riparian buffers for the purpose of replacing the existing 2 boat
ramps and 3 access docks at the subject property, as described within your application dated
June 5, 2013 and received by the Division of Water Quality (DWQ) on June 6, 2013. This
Certifications) is issued in conjunction with the CAMA Major Permit and General Permit(s)
198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to
use the CAMA Major Permit when the Division of Coastal Management issues it. This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0259. 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 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 or CAMA Permit.
This approval is 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.
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 fills for this project
(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you
North Carolina Division of Water Quality Intemet www.ncwaterquality.ore
943 Washington Square Mall Phone: 252- 946 -6481 One
Washington, NC 27889 FAX 252 -946 -9215 NorthCarohna
An Equal opportunilylAtfirmadve Action Employer— 50% Recycled110% Post consumer Paper Naturally
Mason Landing Boating Access Area
City of Washington
Mrs. Kristi Roberson
Page 2 of 3
to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
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:
2. 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 is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699 -1650.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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.
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 8:00 am and 5:00 pm, 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,
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0.003 (acres)
Application Drawings
Waters
0.03 (acres)
Application Drawings
Buffer
110 (square feet) Zone 1
Application Drawings
2. 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 is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699 -1650.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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.
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 8:00 am and 5:00 pm, 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,
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Mason Landing Boating Access Area
City of Washington
Mrs. Kristi Roberson
Page 3 of 3
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar - Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Jennifer Burdette in the Central Office in
Raleigh at 919 - 807 -6364 or Anthony Scarbraugh in the DWQ Washington Regional Office at
252 - 948 -3924.
Sincerely,
04414, ada'�'�
For Tom Reeder
Enclosures: Certificate of Completion
GC 3900
cc: Sara J. Sherman, NCWRC,1720 Mail Service Center, Raleigh, NC 27699
Raleigh Bland, Corps of Engineers Washington Field Office
Xnnifer Burdette, DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye, WaRO
DEMLR, WaRO
File copy
File:13 -0598 Mason Landing Boating Access Area - 3900_BA approvaVas