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Home My WebLink About20130606 Ver 1_Approval Letter_20130626'&Tcr - NOT A CAMA PEI . CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvaria, III Governor Acting Director Secretary June 25, 2013 Mr. John J. Miley 744 Forest Mills Road Chesapeake, VA 23322 DWQ Project # 13 -0606 Currituck County Subject Property: John Miley, Lots 26-27, Bertha L. Williams Subdivision Capsies Creek (PAS54, 30- 1 -1 -1; SC] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Miley: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.091 acres of wetlands and 0.06 acres of waters for the purpose of construction of a breakwater, single family residence with gravel driveway and docking facility at the subject property, as described within your application dated June 4, 2013 and received by the Division of Water Quality (DWQ) on June 10, 2013. This Certifications) 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 LAMA 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: North Carolina Division of Water Quality Internet www.nm aterqualitv.ore 943 Washington Square Mall Phone: 252 - 946.6481 One �� Washington, NC 27889 FAX 252-946-9215 No Carolina- An Equal Opportunk/A(flnnallve Adion Employer — 50% Recydedl10% Post Consumer Paper John Miley lot 26-27 Bertha Williams Subdivision TOI! M Mr. John J. Miley 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. 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. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:/ /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for Information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee Is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, fedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Amount Approved (Units) Plan Location or Reference 404 /Coastal 0.091 (acres) Application Drawings Wetlands (0.090 acres 404 Wetlands) (0.001 acres Coastal Wetlands) Waters 0.06 (acres) Application Drawings 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 -1650. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:/ /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for Information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee Is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, fedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: John Miley Lot 26 -27 Bertha Williams Subdivision Mr. John J. Miley Page 3 of 3 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919 -807 -6364 or Anthony Scarbraugh in the DWQ Washington Regional Office at 252 - 948 -3924. Sincerely, 041WI OdZl'� For Tom Reeder. Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers Washington Field Office Jennifer Burdette, DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Ron Renaldi, Elizabeth City DEMLR, WaRO File copy File:13.0606john Miley Lots 26-27 Bertha Williams Subdivision _3900_approvaVas