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HomeMy WebLinkAbout20131280 Ver 1_Approval Letter_20140103NOT A CAMA PERMIT NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller 270 Queens Lane Palm Beach, FL 33480 Division of Water Resources Water Quality Programs Thomas A. Reeder Director January 3, 2014 John E. Skvarla, III Secretary D W R # 13 -1280 Perquimans County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS T.A. Newbold Miller, LLC —Shoreline Protection and Docking Facilities Dear Mr. Miller: You have our approval for the impacts listed below for the purpose described in your application dated December 6, 2013 and received by the Division of Water Resources (Division) on December 11, 2013. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of 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. 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. Water Quality Regional operations Section 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252- 946 -64811 FAX: 252- 9753716 Internet:w .ncwater.oro An Equal Oppodunity I Affirmative Action Employer „� ,, • th '. 14, f , i. T 1 9 T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller D W R # 13 -1280 401 APPROVAL Page 2 of 3 Type of Amount Amount Plan location/ Reference Attached Impact Approved Approved (units) (units) Temporary Permanent Open Waters 0.28 (acres) 0 (acres) T.A. Newbold Miller, LLC Shoreline Protection & Pier Development Sheets 2, 3, 4 and 5 Bulkhead Open Waters 0.17 (acres) 0 (acres) T.A. Newbold Miller, LLC Shoreline Protection & Pier Development Sheets 3, 4 and 5 Piers and Boathouse 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. This approval and its conditions are final and binding unless contested. These Certifications 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) 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, FedEx, etc.): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 T.A. Newbold Miller, LLC. Mr. Thomas A.N. Miller DWR # 13 -1280 401 APPROVAL Page 3 of 3 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 under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauehc@ncdenr.eov if you have any questions or concerns. �Davicl Siinnceerely, , Ma , P.G Y . Regional Supervisor DWR Water Quality Regional Operation Section Washington Regional Office Enclosure: GC 3900 cc; Doug Huggett, DCM Morehead City Lynn Mathis, DCM Elizabeth City Raleigh Bland, USACE Washington Regulatory Field Office (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Pat McClain, DELMR WaRO (via email) Ted Sampson, S.A.M.P.S.O.N. and Company, Inc., 125 Hunters Trail West, Elizabeth City, NC 27909