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Home My WebLink About20010523 Ver 2_Approval Letter_20121101AJ� � jA WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Point Lane LLC Mr. Richard L. Spreder, Sr. 2067 Malbon Road VA Beach, VA 23456 Charles Wakild, P.E. Director November 1, 2012 Dee Freeman DWQ Project # 01 -0523 Ver.2 Currituck County Subject Property: 112 Point Lane, Knotts Island Bay Pasquotank River Basin, Knotts Island Bay [PAS 54, 30 -1 -1; SC] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Spreder: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.145 acres of waters for the purpose of maintenance dredging of an existing canal at the subject property, as described within your CAMA Major application dated September 10, 2012 and received by the N.C. Division of Water Quality (DWQ) on September 17, 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 (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: www.ncwaterqualiiy.org 943 Washington Square Mall Phone: 252 -946 -6481 One 7 Washington, NC 27889 FAX 252 - 946 -9215 NofthCarollna An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Naturally Mr. Richard L. Spreder, Sr. 112 Point Lane, Knotts Island Bay 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: 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. 4. Work Moratorium The Permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. 5. A turbidity curtain shall be placed across the basin mouth, during dredging operations, to reduce impact to adjoining water ( Knotts Island Channel). 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 401 of the Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you Amount Approved (Units) Plan Location or Reference Stream feet 404 /CAMA Wetlands acres Waters 0.145 acres dredge Application Plan Sheet 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. 4. Work Moratorium The Permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. 5. A turbidity curtain shall be placed across the basin mouth, during dredging operations, to reduce impact to adjoining water ( Knotts Island Channel). 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 401 of the Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you Mr. Richard L. Spreder, Sr. 112 Point Lane, Knotts Island Bay Page 3 of 3 have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 -948- 3940 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6360. Sincerely, For Charle akild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Ron Renaldi File copy