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