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HomeMy WebLinkAbout20141018 Ver 1_Approval Letter_20141002NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary October 2, 2014 D W R # 14 -1018 Tyrrell County Mr. Justin Williamson NCDENR - Division of Parks and Recreation Mail Service Center 1615 Raleigh, NC 27999 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Pettigrew State Park — Bonarva RTP Trail and Boardwalk Dear Mr. Williamson: You have our approval for the impacts listed below for the purpose described in your application dated September 24, 2014 and received by the Division of Water Resources (Division) on September 24, 2014. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 42 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 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. Type of Impact Amount Amount Plan location/ Reference Attached Approved Approved (units) (units) Permanent Temporary 401/404 Wetlands W1 (Boardwalk) 0.07 (acres) 0 (acres) Figure 1 of 7 in PCN Application Open Water 01 (Pier) 0.013 (acres) 0 (acres) Figure 1 of 7 in PCN Application 02 (T- Platform) 0.003 (acres) 0 (acres Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 94614811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Afinnative Aden Employer- Made in part by recycled paper Mr. Justin Williamson NCDENR - Division of Parks and Recreation D W R # 14 -1018 401APPROVAL Page 2 of 3 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. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3890. 4. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. S. 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 8:00am 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: 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 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Mr. Justin Williamson NCDENR - Division of Parks and Recreation D W R # 14 -1018 401 APPROVAL Page 3 of 3 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.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, s��21 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3890 Certification of Completion cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File