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HomeMy WebLinkAbout20121029 Ver 1_Approval Letter_20121217A=*A NOT A CAMA P _,_ PERMIT NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 17, 2012 Fosters Seafood Mr. Ernest F. Foster 220 Loop Road Belhaven, NC 27810 DWQ Project # 12 -1029 Beaufort County Subject Property: 220 Loop Road, Wrights Creek Tar - Pamlico River Basin, Wrights Creek [TAR 07, 29- 34 -49; NSW, SA, HQW] Approval of 401 Water Quality Certification (GC3900) and Authorization Certificate per the Tar River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Foster: 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 water by shading and 0.006 acres of open water impact by fill for the purpose of construction of 12' x 20' boat ramp with paved approach, 5' x 165' dock around perimeter of manmade basin, 5' x 70 dock into Wrights Creek and 14' x 24' ice room (336 Square feet) within the riparian buffer at the subject property, as described within your CAMA Major application dated October 11, 2012 and received by the N.C. Division of Water Quality (DWQ) on November 7, 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. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .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 North Carolina Division of Water Quality Internet: www.nowater uality.org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarollna An Equal Opportunity/Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper �a`ti` a" ff Page 2 of 3 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: 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. 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 4650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 4. Buffer Impacts Review of aerial photographs show that current uses were existing and on -going as of January 1, 2000. Therefore, the area around the manmade basin is exempt from riparian buffers in accordance with 15A NCAC 02B .0259 (3)(b). Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /LAMA Wetlands acres Waters 0.027 (acres) Shading 0.006 acres fill Application Buffers (square ft.) 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 4650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 4. Buffer Impacts Review of aerial photographs show that current uses were existing and on -going as of January 1, 2000. Therefore, the area around the manmade basin is exempt from riparian buffers in accordance with 15A NCAC 02B .0259 (3)(b). Page 3 of 3 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. 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 .025 9. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252- 948 -3940 or Karen Higgens of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807- 6364. Sincerely, For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Tracey Wheeler, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, WaRO DEMLR, WaRO File copy File: 12-1029