HomeMy WebLinkAbout20140122 Ver 1_Approval Letter_20140414A �
—MA
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory
Governor
April 14, 2014
City of Greenville
Kinsey Holton
1500 Beatty Street
Greenville, NC 27834
John E. Skvarla, III
Secretary
DWR # 14 -0122
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS AND RIPARIAN BUFFER IMPACTS
Project: East brook Culvert Removal & Stream Bank Improvements
Tar River Basin, Meeting House Branch [TAR 05, 28 -97 -1; NSW, C]
Dear Mr. Holton:
You have our approval for the impacts listed below for the purpose described in your
application dated January 28, 2014, received by the Division of Water Resources (Division)
February 7, 2014, with subsequent information received on April 7, 2014. These impacts are
covered by the attached Water Quality General Certification Number 3885 (GC 3885). This
General Certifications) allows you to use Nationwide Permit(s) 13 when issued by the US Army
Corps of Engineers (USACE). This approval also covers the proposed impacts to the Tar - Pamlico
Riparian Buffers. 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 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, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
401 & Buffer PermittingUnit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone; 919 -807 -63011 FAX: 919 - 807 -6494
Internet: http :llportal.ncdenr.org/we4 /wglws
An Equal Opportunity 1 Affirmative Action Employer
City of Greenville
DWR# 14 -0122
401 /Buffer APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
50 (linearfeet)
30
404/401 Wetlands
Site 1
(acres)
(acres)
Coastal Wetlands
Site 1
(acres)
(acres)
Open Waters
Site 1
(acres)
(acres)
Buffers — Zone 1
Site 1
4480 (square feet)
2000 (square feet)
Buffers —Zone 2
Site 1 1
1920 (square feet) I
(square feet)
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 /General Permit /Buffer Authorkatl' t can be contested as provided in Articles 3
and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the
Office of Administrative Hearings (hereby known as OAH) within sixty(60)/ thirty (30)(60 days
for 401/ Buffer, 30 days for isolated)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
City of Greenville
DWR# 14 -0122
401 /Buffer APPROVAL.
Page 3 of 3
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
This letter completes the review of the Division under section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters Rules / and the Tar - Pamlico Riparian Buffer Rules as
described in 15A NCAC 02B.0259. Please contact Roberto Scheller by phone at 252- 948 -3940
or by email at roberto.scheller @ncdenr.gov if you have any questions or concerns.
Sincerely, 0
r0A
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Enclosures: GC 3885
cc: William Wescott, USACE, Washington Regulatory Field Office
DWR401 & Buffer Permitting Unit
File