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HomeMy WebLinkAbout20020747 Ver 3_Approval Letter_20130716ALT N0T A LAMA PERNIIT RUED North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 16, 2013 DWQ Project # 02 -0747 Dare County Mr. Bob Pecle N.C. Seafood Industrial Park Authority - Wanchese Post Office Box 549 Wanchese, NC 27981 Subject Property: Umphlett Marina, N. C. Seafood Industrial Park Pasquotank River Basin, Broad Creek [PAS 51, 30 -21 -7; SA, HWQ] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Peele: You have our approval, in accordance with the attached conditions and those listed below, to construct a 10 slip marina with 0.003 acres of open waters impacts by shading. The purposed 10 slip dock construction includes removal of 54 ft. of existing pier (0.007 acres of open water shading) and all existing finger piers and mooring pilings. Installation of a new 90 ft. by 6.5 ft. floating platform (0.01 acres of open water shading) and addition of two new 15 x 30 ft. slips with finger piers and boat lifts. The remaining 8 slips are proposed as side -to -slips with mooring pilings. The proposed pier is located at the subject property, as described within your updated plan, for the CAMA Major application, dated July 8, 2013 and received by the N.C. Division of Water Quality (DWQ) on July 12, 2013. 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. North Carolina Division of Water Quality Internet: www.ncwaterqualiry.ora 943 Washington Square Mall Phone: 252- 946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NorthCarolina Nawally 1' y Mr. Bob Peele N.C. Seafood Industrial Park Authority — Wanchese July 16, 2013 Page 2 of 3 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: 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. 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. Amount Approved Units Plan Location or Reference Stream (feet) 404 /LAMA Wetlands (acres) Waters 0.003 acres Project Drawing 002190 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. 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. Mr. Bob Peele N.C. Seafood Industrial Park Authority — Wanchese July 16, 2013 Page 3 of 3 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 -3940 or Karen Higgins of the 401 Oversight/Express Unit at 919- 807 -6360. Sincerely, Thomas A. Reeder Enclosures: Certificate of Completion GC 3900 cc: Brian D. Rubino, Quible & Associates, P.C. Raleigh Bland, Corps of Engineers, Washington Field Office DWQ 401 Oversight/Express Unit DCM, Doug Huggett, Morehead Office DCM, David Moye File copy