HomeMy WebLinkAbout20021687 Ver 2_Approval Letter_20130128S NOT A LAMA PERMIT
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 28, 2013
DWQ Project # 02 -1687 Ver. 2
Currituck County
North Carolina Wildlife Resources Commission
Mr. Mark R. Lee, PLS
1720 Mail Service Center
Raleigh, NC 27699
Subject Property: Brumley Road ( SR 1259) Boating Access Area
Pasquotank River Basin, Knotts Island Bay [PAS 54, 30 -1 -1; SC]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Lee:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.084 acres (3,680 sq. ft.) of waters by dredging for the purpose of channel
maintenance and new dredge work as described within your CAMA Major application dated December 3
2012 and received by the N.C. Division of Water Quality (DWQ) on December 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. 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.ncwaterquality.ora
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 ;Vaharallff
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1. Impacts Approved
North Carolina Wildlife Resources Commission
Mr. Mark R. Lee, PLS
Page 2 of 3
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 shall adhere to all appropriate in -water work moratoriums prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries
Service.
5. All dredge spoils shall be disposed of in upland areas
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
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 -948-
Amount Approved (Units)
Plan Location or Reference
Stream
feet
404 /CAMA Wetlands
(acres)
Waters
0.084 acres dredge
Application Drawings
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 shall adhere to all appropriate in -water work moratoriums prescribed by the NC
Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries
Service.
5. All dredge spoils shall be disposed of in upland areas
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
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 -948-
North Carolina Wildlife Resources Commission .,
Mr.. Mark R Lee, KS
Page 3 of 3
3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape)
Unit at 919 - 807 -6360.
Sincerely,
jz&ntal
For Charles Wakild, 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
DEMLR, WaRO
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