Loading...
HomeMy WebLinkAbout20141095 Ver 1_Approval Letter_20141024October 24, 2014 John and Deborah Logelfo 102 Carteret Street Bath, NC 27808 D W R # 14 -1095 Beaufort County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Tar - Pamlico River Riparian Buffer Impacts with Additional Conditions Logelfo 102 Carteret Street, Bath - Installation bulkhead, pier with boatlift, catwalk, launch pier and scour protection Dear Mr. and Mrs. Logelfo You have our approval for the impacts listed below for the purpose described in your application dated August 11, 2014 and received by the Division of Water Resources (Division) on August 12, 2014. These impacts are covered by the attached Water Quality General Certification Number 3900, Tar - Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of 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 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 and Tar - Pamlico River Buffer Rules are met. No other impacts are approved, including incidental impacts. , Type of impact Amount Amount Approved Plan location/ Approved (units) (units) Reference Attached Permanent Temporary Open Waters 01 (Bulkhead Fill) 0.003 (acres) 0 (acres) CAMA Major Application Map 5 of 8 02 ( Boatlift and 0.008 (acres) 0 (acres) Pier Shading) Buffers - Zone 1 Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -64811 Fax: 252-975-3716\ Internet: www.ncdenr.gov An Equal Oppommity 1ARrmativeActon Employer— Made in part by recycled paper r ^\ John and Deborah Logelfo D W Rif 14 -1095 401 and Buffer APPROVAL Page 2 of 4 B1 (Rip -Rap) 75 (square ft.) 0 (square ft.) CAMA Major Application Map 5 of 8 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 3900. 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10, spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. 5. 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. 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: / /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). John and Deborah Logelfo DWR# 14 -1095 401 and Buffer APPROVAL Page 3 of 4 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 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 and the Tar - Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252 -948- 3924 or anthonv.scarbraughC @ ncdenr.eov if you have any questions or concerns. Sincerely, 1� I a Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City David Moye, DCM WaRO Raleigh Bland, USACE Washington Regulatory Field Office (via email) JenniferBurdette, DWR 401 & Buffer Permitting Unit Pat McClain, DELMR WaRO (via email) File