HomeMy WebLinkAbout20120852 Ver 1_Approval Letter_201210054
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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
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(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
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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