HomeMy WebLinkAbout20140422 Ver 1_Approval Letter_20140922��
NCDEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 22, 2014
NC Ecosystem Enhancement Program
Attn: Heather Smith
1652 Mail Service Center
Raleigh, NC 27699 -1652
John E. Skvarla, 11
Secretary
DWR # 14 -0422
Beaufort County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hudson Property
I Dear Ms. Smith:
You have our approval for the impacts listed below for the purpose described in your application dated
August 1, 2014 and received by the Division of Water Resources (Division) on September 5, 2014. These
impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 27 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 certifications) 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
Amount
Plan location/ Reference
Approved
Approved (units)
Attached
(units)
Temporary
Permanent
401/404
Wetlands
W1
0 (acres)
0.97 (acres)
Hudson Property Details & Section
Sheets D1 through D -20
Stream
S1
0 (linear feet)
766 (linear feet)
Hudson Property Details & Section
Sheets D1 through D -20
S2
0 (linear feet)
516 (linear feet) I
Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity lAffirmative Action Employer— Made in part by recycled paper
f NCEEP
DWR # 14 -0422
401APPROVAL
Page 2 of 3
S3
0 (linear feet)
611(linear feet)
Hudson Property Details &Section
S4
0 (linear feet)
503 {linear feet}
Sheets D1 through D -20
S5
0 (linear feet)
689 {linear 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. 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. You have our approval for your proposed final stream enhancements /restorations plan.
The stream restorations /enhancements must be constructed, maintained, and monitored
according to the plans approved by this Office and this Certificate of Coverage. Any repairs
or adjustments to the site must be made according to the approved plans or must receive
written approval from this Office to make the repairs or adjustments.
4. Monitoring shall be conducted in accordance with the approved mitigation plan dated July,
2014 with subsequent information received on August 1, 2014. If monitoring indicates that
all or portions of the project are failing to meet one or more of the required success
criteria, the monitoring report must provide a remedial action plan to address the
E deficiency. The remedial action plan, at a minimum, must describe the failure, the source
or reason for the failure, a concise description of the corrective measures that are
proposed, and a timeframe for the implementation of the corrective measures.
5. The issuance of the 401 Water Quality Certification for the restoration /enhancement
project does not represent an approval of credit yield for the project.
6. 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:Hwww.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 8:00am 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:
NCEEP
DWR # 14 -0422
401 APPROVAL
Page 3 of 3
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
1
i
One (1) copy of the petition must also be served to DENR:
t
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 anthony.scarbraugh @ncdenr.i?ov if you have any questions or
concerns:
j
Sincerely,
1
1
Robert Tankard, Assistant egional Supervisor
Water Quality Regional Operations Section
i
Division of Water Resources, NCDENR
Enclosures: GC 3885
Certificate of Completion
cc: Ed Temple, Albemarle Restorations, LLC (via e -mail)
William Wescott, USACE Washington Regional Office (via e-mail)
Todd Tugwell, Special Project Manager, USACE (via e-mail)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File