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Home My WebLink About20141138 Ver 1_Approval Letter_20141119A� NCDENR North Carolina Department of Environment and Pat McCrory Governor November 19, 2014 Kitty Hawk Landing Association, Inc. Attn: Mr. Peter Collins PO Box 923 Kitty Hawk, NC 27949 NOT A CAMA PERMIT Natural Resources Subject: Approval of 401 Water Quality Certification with Additional Conditions KH Landing Jetty and Breakwater Replacement Dear Mr. Collins: John E. Skvarla, III Secretary DW R # 14 -1138 Dare County You have our approval for the impacts listed below for the purpose described in your application dated October 29, 2014 and received by the Division of Water Resources (Division) on October 30, 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 certifications) 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 (Installation of Rock 0.33 (acres) 0 (acres) CAMA Major Jetty and Breakwater) Application Figure 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 Division of Water Resources'- Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NO 27889 Phone: 252- 946 -64811 Fax: 252-975-37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer —Made in pan by recycled paper Kitty Hawk Landing Association, Inc. Attn: Mr. Peter Collins DW R # 14 -1138 401 APPROVAL Page 2 of 3 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. Please note that the area surrounding the proposed rock jetty and breakwater system contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. S. 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:OOam and S:OOpm, 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 Kitty Hawk Landing Association, Inc. Attn: Mr. Peter Collins DW R # 14 -1138 401APPROVAL 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.scarbrauah(ancdenr.gov if you have any questions or concerns. Sincerely, �G 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 Ron Renaldi, DCM Elizabeth City Josh Pelletier, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via e-mail) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Brian Rubino, Quible & Associates, P.C., PO Box 870, Kitty Hawk, NC 27949