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Home My WebLink About20090880 Ver 3_Approval Letter_2014101704CDENR North Carolina Department of Environment and Natural Resources Pat McCoroy Governor October 17, 2014 NC Division of Marine Fisheries Mr. Harry Hardy Post Office Box 769 Morehead City, NC 28557 John E. Skvarla, III DWQ Project q 09 -0880 Ver.3 Hyde County Subject Property: AR -298, Ocracoke Reef Pamlico River and Pamlico Sound [TAR 07, 29- (40.5); SA, HQW] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Hardy: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 2.624 acres of open waters for the purpose of expansion of oyster reef at (Artificial Reed) AR -298 Ocracoke Reef. The proposed project consist of deploying of pre- fabricated concrete structures within the subject reef area as described within your CAMA Major application dated September 22, 2014 and received by the N.C. Division of Water Resources (DWR) on September 22, 2014. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that this Certification (GC 3900) shall supersede any and all Certifications issued for the subject project. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a'copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) Division of Water Resources -Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -6481 \ Fax: 252- 975 -3716\ Internet w ncdenr.gov An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper AR -298 Ocracoke Reef NC Division of Marine Fisheries Mr. Harry Hardy Page 2 of 3 exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 4. All materials to be deployed as reef material shall be free of any petroleum contamination and shall not result in a surface sheen upon deployment. 5. Reef material shall be placed in such a manner to avoid any existing shellfish resources. It is also required that placement of reef material shall not impact Submerged Aquatic Vegetation (SAV) beds. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands (acres) Waters 2.624 (acres) fill Application Reef Maps Buffers (square ft.) 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 4. All materials to be deployed as reef material shall be free of any petroleum contamination and shall not result in a surface sheen upon deployment. 5. Reef material shall be placed in such a manner to avoid any existing shellfish resources. It is also required that placement of reef material shall not impact Submerged Aquatic Vegetation (SAV) beds. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you AR -298 Ocracoke Reef NC Division of Marine Fisheries Mr. Harry Hardy Page 3 of 3 receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and the Tar - Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252- 948 -2940. Sincerely, "'�4 Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers, Washington Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead Office DCM, David Moye File copy