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HomeMy WebLinkAbout20130644 Ver 1_Approval Letter_20130709NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 9, 2013 DWQ Project # 13 -0644 Dare County I.G. Holdings, LLC Israel Golasa Post Office Box 120 Kitty Hawk, NC 27949 Subject Property: 24530 NC Hwy. 12, Rodanthe Super Wings Pamlico Sound Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Golasa: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.027 acres of open waters by shading and for the purpose of construction of a pier 184 feet long and 6 feet wide, with a 25 foot by 16 foot platform at the terminal end. The proposed pier is located at the subject property, as described within your CAMA Major application dated June 20, 2013 and received by the N.C. Division of Water Quality (DWQ) on June 25, 2013. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certification(s) 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. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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 to follow the conditions listed in the attached certification and any additional conditions listed below. North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NofthCarohna An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally Page 2 of 3 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. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. 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. 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. If you do not accept any of the' conditions of this Certification (associated with the approved water impacts), 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 40.1 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 Roberto Scheller of the Washington Regional Office at 252 -948- 3940 or Karen Higgins of the 401 Oversight/Express Unit at 919 - 807 -6360. Sincerely, For Thomas A. Reeder Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands (acres) Waters 0.027 (acres) Plan Sheet C201 Buffers (square ft. 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. 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. 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. If you do not accept any of the' conditions of this Certification (associated with the approved water impacts), 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 40.1 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 Roberto Scheller of the Washington Regional Office at 252 -948- 3940 or Karen Higgins of the 401 Oversight/Express Unit at 919 - 807 -6360. Sincerely, For Thomas A. Reeder Page 3 of 3 Enclosures: Certificate of Completion GC 3900 cc: Albemarle & Associates, Ltd., John DeLucia, email: johnd @albemarleassociates.com Raleigh Bland, Corps of Engineers, Washington Field Office DWQ 401 Oversight/Express Unit DCM, Doug Huggett, Morehead Office DCM, David Moye DEMLR, WaRO File copy