HomeMy WebLinkAbout20141082 Ver 1_Approval Letter_20141114eAi
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 14, 2014
Wanchese Marina, LLC
Attn: Mr. Mikey Daniels
200 Northgate Plaza Commerce Parkway
Suffolk, VA 23435
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Wanchese Marina (4457 Mill Landing Road, Wanchese)
Dear Mr. Daniels:
John E. Skvarla, III
Secretary
DWR # 14 -1082
Dare County
You have our approval for the impacts listed below for the purpose described in your application dated
October 8, 2014 and received by the Division of Water Resources (Division) on October 13, 2014. These
impacts are covered by the attached Water Quality General Certification Number 3900 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 are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount
Amount
Plan location/
Approved (units)
Approved (units)
Reference Attached
Permanent
Temporary
Open Water
01 (Basin Enlargement
and Maintenance
0.65 (acres)
0 (acres)
CAMA Major
Dredging)
Application Figure
02 (Docks)
0.07 (acres)
0 (acres)
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Oppoquniry 1 Af(rmative Acton Employer —Made in pan by recycled paper
Wanchese Marina
Attn: Mr. Mikey Daniels
DWR q 14 -1082
401 APPROVAL
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) 3900.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices
must be used to meet this standard.
5. Dredge Effluent
The effluent water from the dredge spoil should not (if at all practicable) be
released into open shellfish waters. The release of the effluent of dredge spoil from
a closed shellfish area into open shellfish water will cause a (temporary) closure of
that water which in turn is a degradation of waters and a violation of DWR's rules.
Shellfish Sanitation (252.726.6827) and the Division of Water Resources
(252.946.6481) must be notified if this is to occur.
6. 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.
7. 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:OOam and S:OOpm, excluding
official state holidays).
Wanchese Marina
Attn: Mr. Mikey Daniels
DW R # 14 -1082
401 APPROVAL
Page 3 of 3
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. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraueh @ncdenr.eov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosure: GC 3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City
Kelly Russell, DCM Elizabeth City
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File
Warren Eadus, Quible & Associates, P.C.,
PO Box 870, Kitty Hawk, NC 27949