HomeMy WebLinkAbout20130571 Ver 1_Approval Letter_20130625ArDEN'R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Acting Director Secretary
June 25, 2013
DWQ Project # 13 -0571
Hyde County
Mattamuskeet Ventures, 1, LLC
Mr. Jamin Simmons
PO Box 128
Fairfield, NC 27826
Subject Property: Mattamuskeet Ventures WRP Enhancement Project
Intracoastal Waterway [TAR07, 29 -34-18; NSW; SC]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.Simmons:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within
or otherwise impact 0.72 acres of wetlands (temporary) for the purpose of wetland restoration at the subject
property, as described within your application dated May 15, 2013 and received by the N.C. Division of Water
Quality (DWQ) on May 29, 2013. The impacts proposed in the application are covered by General Water
Quality Certification Number 3885(GC 3885). The Certification(s) allows you to use Nationwide Permit 27
when issued by the US Army Corps of Engineers (USACE). 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, and 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. 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
North Carolina Division of Water Quality Internet www.ncwateraua111y.ore
943 Washington Square Mall Phone: 252- 946 -6461 one
Washington, NC 27889 FAX 252 -946 -9215 No Carolina
An Equal Opportudy/Af ffnative Action Employer - 50% Recycled/10% Post Consumer Paper
Mattamuskeet Ventures, 1, LLC
Mr. Jamin Simmons
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. 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 4010versight /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 150B 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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Amount Approved
(Units)
Plan Location or Reference
404 Wetlands
0.72 (acres) temporary
PCN Page 5 of 11
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 4010versight /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 150B 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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Mattamuskeet Ventures, 11 LLC
Mr. Jamin Simmons
Page 3 of 3
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,
a4l, 6uzv"
For Tom Reeder
Enclosures: GC 3885
Certificate of Completion
cc: Erin Fleckenstein, NC Coastal Federation, 128 Greenville St., Manteo, NC 27954
Kevin Boyer, NC Clean Water Mgt. Trust Fund, 1651 Mail Service Center, Raleigh, NC 27699
William Wescott, USACE Washington Regulatory Field Office
DCM, Doug Huggett, Morehead City Office
DEMLR, WaRO
Jennifer Burdette, DWQ Webscape Unit
File Copy
Rename: 13.0571 Mattamuskeet Ventures WRP 3885_approval /AS