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HomeMy WebLinkAbout20051175 Ver 2_Approval Letter_20131209NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 9, 2013 David Pharr 533 W. Ocean Acres Drive Kill Devil Hills, NC 27948 DWR # 2005- 1175V2 Hyde County Subject: AFTER - THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Jackson Dunes Lots 6 and 7 Dear Mr. Pharr: You have our approval for the impacts listed below for the purpose described in your application dated July 28, 2008, received by the Division of Water Resources (Division) on July 30, 2008. On August 29, 2008, this project was put on -hold until issues were worked out with the Division of Coastal Management (DCM). The issues with DCM regarding these two specific lots have been resolved; therefore, the Division is moving forward with this certification. These impacts are covered by the attached Water Quality General Certification Numbers 3886 and 3890 and the conditions listed below. These certifications are associated with Nationwide Permit Numbers 14 and 18 which were issued by the U.S. Army Corps of Engineers ( USACE) with the following USACE Action ID numbers: 200511674, 200511675, 2005116766 and 200511677. Please note that you should obtain any other applicable federal, state or local permits before proceeding with your project, including those required by (but not limited to) erosion and sediment control, non - discharge, and water supply watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) 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. Please note that this approval is only for the wetland impacts on Lots 6 and 7 of Jackson Dunes as specified in the application. No other impacts are approved, including incidental impacts. Water Quality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252 - 946 -6481 \ FAX: 252 - 975 -3716 Internet: www.ncwater.org An Equal Opportunity \ Affirmative Action Employer David Pharr DWR# 05- 1175V2 401 APPROVAL Page 2 of 3 Type of Impact Amount Approved - Permanent Amount Approved - Temporary 404/401 Wetlands Lot 6 0.20 (acres) 0 (acres) Lot 7 0.13 (acres) 0 (acres) 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 /Authorization. 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 (s) /Permit /Authorization and is responsible for complying with all conditions. This approval and its conditions are final and binding unless contested. This Certification /Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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 8:00am and 5:00pm, 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 Raleigh, NC 27699 -1601 David Pharr DWR# 05- 1175V2 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Anthony Scarbraugh at (252)- 946 -6481 or Anthony.Scarbraugh ( a@ncdenr.gov or Shelton Sullivan at (919) 807 -6361 or Shelton.Sullivan(a@ncdenr.gov if you have any questions or concerns. Sincerely, David May Water Quality Regional Operations Supervisor Washington Regional Office Enclosures: GC 3886, GC 3890 cc: Gary Mitchell —The Clark Group (via email) Clark Wright, Jr. - Davis Hartman Wright, PLLC (via e-mail) USACE Washington Regulatory Field Office (via email) DCM DWR WARO 401 files DWR 401 & Buffer Permitting Unit — file copy