HomeMy WebLinkAbout20080558 Ver 1_Approval Letter_20080513Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 13, 2008
Jack Alligood, Jr.
161 Pungo View
Belhaven, NC 27810
Subject Property:
Jack Alligood
Pungo River, 030307, 29-34-(12), NSW, SB
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0558
Beaufort County
Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per
the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional
Conditions
Dear Mr. Alligood:
You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.015 acres of waters to construct a boathouse as described in your
application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review
Permitting Unit on March 26, 2008. After reviewing your application, we have determined that
the Division of Water Quality (DWQ) General Water Quality Certification Number 3642 covers
these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259.
In addition, you should get or otherwise comply with any other federal, state and local
requirements before you go ahead with your project including (but not limited to) erosion and
sediment control regulations and CAMA. 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 to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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Alligood
Page 2 of 3
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:
Amount Approved
(Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands na (acres) na
Waters 0.015 (acres) Plat provided with
application
Buffers 80 (square ft.) -
Plat provided with
application
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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3642.
4. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. No Additional Riparian Buffer Impacts
No additional impacts to the riparian buffer other than the approved square footage indicated
in this authorization. No staging of materials or equipment is allowed in the 50-foot
riparian buffer.
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
Alligood
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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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 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,
Al Hodge/Superv or
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, WaRO
File copy
Central Files
File:08-0558