Loading...
HomeMy WebLinkAbout20130598 Ver 1_Approval Letter_201306284MW 11 4 - NCUM 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 28, 2013 City of Washington Mrs. Kristi Roberson 102 E 2nd Street Washington, NC 27889 DWQ Project # 13 -0598 Beaufort County Subject Property: Masons Landing Boating Access Area (625 Clarks Neck Road) Tranters Creek [TAR06, 28 -103; NSW; C; Sw] Approval of 401 Water Quality Certification and Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mrs. Roberson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.003 acres of wetlands, 0.03 acres of waters and 110 square feet (ft) of protected riparian buffers for the purpose of replacing the existing 2 boat ramps and 3 access docks at the subject property, as described within your application dated June 5, 2013 and received by the Division of Water Quality (DWQ) on June 6, 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. 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 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. 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 North Carolina Division of Water Quality Intemet www.ncwaterquality.ore 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252 -946 -9215 NorthCarohna An Equal opportunilylAtfirmadve Action Employer— 50% Recycled110% Post consumer Paper Naturally Mason Landing Boating Access Area City of Washington Mrs. Kristi Roberson Page 2 of 3 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 -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: If sending via delivery service (UPS, Amount Approved (Units) Plan Location or Reference 404 Wetlands 0.003 (acres) Application Drawings Waters 0.03 (acres) Application Drawings Buffer 110 (square feet) Zone 1 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 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: If sending via delivery service (UPS, Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Mason Landing Boating Access Area City of Washington Mrs. Kristi Roberson Page 3 of 3 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 Raleigh, NC 27699 -1601 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 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, 04414, ada'�'� For Tom Reeder Enclosures: Certificate of Completion GC 3900 cc: Sara J. Sherman, NCWRC,1720 Mail Service Center, Raleigh, NC 27699 Raleigh Bland, Corps of Engineers Washington Field Office Xnnifer Burdette, DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, David Moye, WaRO DEMLR, WaRO File copy File:13 -0598 Mason Landing Boating Access Area - 3900_BA approvaVas