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Home My WebLink About20121114 Ver 1_Approval Letter_20130109FA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Charles and Carolyn Younger 3100 White Oak Road Raleigh NC 27609 Division of Water Quality Charles Wakild, P. E. Director January 9, 2013 Subject Property: 103 Jordan Lane, Leechville NC Pungo River [TAR07, 29- 34 -(12); NSW; SB] John E, Skvarla, III DWQ Project # 12 -1114 Beaufort County Approval of 401 Water Quality Certification (GC3900) and Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. & Mrs. Younger: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.04 acres of waters and for the purpose of replacing a failing bulkhead and installing new bulkhead and backfill a portion of canal and boat basin at the subject property, as described within your CAMA Major application dated September 26, 2012 and received by the N.C. Division of Water Quality (DWQ) on December 11, 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 North Carolina Division of Water Quality Internet: www.ncwaterquality.ora 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarofina An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Naturally Page 2 of 3 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. Diffuse Flow Requirement All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B.0259(5) 4. Buffer Planting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline associated with bulkhead installation, repair, replacement and /or maintenance must be done in an "in kind" manner immediately following construction. 5. 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 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 Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands (acres) Waters 0.04 (acres) CAMA Major Application Packet 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. Diffuse Flow Requirement All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B.0259(5) 4. Buffer Planting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline associated with bulkhead installation, repair, replacement and /or maintenance must be done in an "in kind" manner immediately following construction. 5. 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 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 Page 3 of 3 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 have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 -946- 6481 or Karen Higgins of the 401 Oversight /Express Unit at 919 - 807 -6360. Sincerely, For ChWakild P.E. Enclosures: Certificate of Completion GC 3900 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight /Express Unit DCM, Doug Huggett, Morehead Office DCM, David Moye, Washington Regional Office File copy (via email) TJ Marine Construction, tobin @gotricounty.com Filename: 12- 1114_Younger_3900_Approval /aa