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HomeMy WebLinkAbout20120852 Ver 1_Approval Letter_201210054 `� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary October 5, 2012 DWQ Project # 12 -0852 Beaufort County George Knox NOT A CAMA PERMIT 1508 West Hills Drive Tarboro, NC 27886 Subject Property: Knox Shoreline Stabilization Project Pamlico River [ TAR07, 29 -(5), NSW; SB] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Knox: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.09 acres of waters for the purpose of constructing a rip rap revetment at the subject property, as described within your CAMA Major application dated September 11, 2012 and received by the N.C. Division of Water Quality (DWQ) on September 12, 2012. 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 North Carolina Division of Water Quality Internet: www.newaterquality.org 943 Washington Square Mall Phone: 252 - 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarohna An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Adimally Page 2 of 3 (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: 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. The applicant /permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 4. 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 LAMA 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 Amdunt:. Approved Plan Location or (Units) Reference Waters 0.09 (acres) Plan Sheet include in Application 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. The applicant /permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 4. 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 LAMA 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 Page 3 of 3 within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 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 Tar - Pamlico riparian buffer protection rule as described within 15A NCAC 213 .0259. If you have any questions, please telephone Amy Adams of the Washington Regional Office at (252) 948 -3917 or Karen Higgins of the 401 Oversight /Express Unit at 919 - 807 -6360. Sincerely, For Charles W ild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Tracey Wheeler, USACE Washington Regulatory Field Office DWQ WaRO 401 File DWQ Webscape Unit DCM, Doug Huggett, Major Permits Coordinator, Morehead City District Office DCM, David Moye, District Manager, WaRO Eric and Bill Slade, Slade Landscaping, 380 Creek Lane, Bath, NC 27808 File copy Filename: 12- 0852_Knox Shoreline Stabilization Project_3900_Approval /aa