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HomeMy WebLinkAbout20140340 Ver 1_Approval Letter_20140414NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory John E. Skvarla, III Governor Secretary April 14, 2014 Quible & Associates, P.C. Warren Dennis Eadus 8 Juniper Trail Southern Shores, NC 27949 DWR # 14 -0340 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: Relocate Telephone Facilities along NC 12, Pea Island Pasquotank River Basin, Pamlico Sound [PAS 51, 30 -22; SA, HQW] Dear Mr. Eadus: You have our approval for the impacts listed below for the purpose described in your application dated March 31, 2014, received by the Division of Water Resources (Division) April 10, 2014. These impacts are covered by the attached Water Quality General Certification Number 3884 (GC 3884). This General Certifications) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). 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 are met. No other impacts are approved, including incidental impacts. 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, Forth Carolina 27699 -1650 Phone: 919. 807 -63011 FAX: 919 -807 -6494 Internet: http� llportal.ncdenr,orglwehlwgfws An Equal opportunity 1 Affirmative Action Employer Relocate Telephone Facilities NC 12, Pea Island DWR# 14 -0340 401 APPROVAL Page 2 of 3 Type of impact Amount Approved (units) ' Permanent Amount Approved (units) Temporary Stream Site 1 (linear feet) 404/401 Wetlands Site 1 (acres) (acres) Coastal Wetlands Site 1 (acres) 0.023 (acres) Open Waters Site 1 (acres) (acres) Buffers —Zone 1 Site 1 (square feet) (square feet) Buffers —Zone 2 Site 1 (square feet) (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 Certifications) /Permit /Authorization and is responsible for complying with all conditions. 3. Areas of coastal wetland impacts shall be restored as nearly as practical to pre existing conditions. 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) within sixty(50) 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 Relocate Telephone Facilities NC 12, Pea Island DWR# 14 -0340 401 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. 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, Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: GC 3884 cc: Craig Clark, Centurylink, 1875 N 20fh St., Morehead City, NC Tracey Wheeler, USACE, Washington Regulatory Field Office DWR401 & Buffer Permitting Unit File