HomeMy WebLinkAbout20131104 Ver 1_Approval Letter_20131029A04*22i
�
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
October 29, 2013
John F. Conner, Jr.
P.O. Box 71
Buxton, NC 27920
Natural Resources
John E. Skvarla, III
Secretary
DWR # 13 -1104
Dare County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
John F. Conner, Jr. Property
Dear Mr. Conner:
You have our approval for the impacts listed below for the purpose described in your application dated
September 26, 2013 received by the Division of Water Resources (Division) on October 15, 2013 with
additional information received on October 23 and 25, 2013. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount Approved
Amount Approved
Plan location/
(units)
(units)
Reference Attached
Permanent
Temporary
404/401
0.1 (acres)
0 (acres)
John F. Conner, Jr.
Wetlands
Parcel in Buxton
(attached)
W1
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: 252- 946 -64811 FAX: 252- 975 -3716
Internet: www.ncwater.ora
An Equal Opportunity 1 Affirmative Action Employer
John F. Conner, Jr.
DWR# 13 -1104
401 APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
3. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
impacted. This shall be done during the initial stage of construction.
4. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources,
1650 Mail Service Center, Raleigh, NC 27699 -1650.
5. This approval and its conditions are final and binding unless contested.
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:OOam and S:OOpm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 43
petition along with any applicable OAH filing fee is
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
. -3100, provided the original and one copy of the
received by the OAH within five (5) business days
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 F. Conner, Jr.
DWR # 13 -1104
401 APPROVAL
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 under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbraugh @ncdenr.eov if you have any questions or
concerns.
Sincerely,
for Thomas A eeder
Division of Water Resources
Enclosure: GC 3890
Certification of Completion
cc: Brian Rubino, Quible and Associates, P.C.,
P.O. Drawer 870, Kitty Hawk, NC 27949
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
File
Jennifer Burdette, DWR 401 & Buffer Permitting Unit