HomeMy WebLinkAbout20141213 Ver 1_Approval Letter_20141201HC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 1, 2014
JKE Family Properties, LLC
Attn: Mr. Jeff Edwards
1801 North Thames Court
Greenville, NC 27858
John E. Skvarla, III
Secretary
DWRg14 -1213
Pitt County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar - Pamlico River Riparian Buffer Impacts with Additional Conditions
JKE Family Property, LLC - Installation of Bulkhead and Dock
Dear Mr. Edwards:
You have our approval for the impacts listed below for the purpose described in your application dated
November 18, 2014 and received by the Division of Water Resources (Division) on November 20, 2014.
These impacts are covered by the attached Water Quality General Certification Number(s) 3883 and 3885,
Tar - Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated
with the use General Permit(s) 198700056 and 197800080 issued by the US Army Corps of Engineers
(USACE). These Certifications 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) orgeneral 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
Approved (units)
Permanent
Amount
Approved (units)
Temporary
Plan location/
Reference Attached
Open Waters
01 (Bulkhead)
0.01212 (acres)
0 (acres)
Page 6 of 10 PCN
Application
02 (pier)
0.0395 (acres)
0 (acres)
Buffers -Zone 1
B1 (Work Corridor)
0 (square ft.)
5,076 (square ft.)
Page 6 of 10 PCN
Application
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 Opportunity \ Affrmatve Acton Employer - Made in part by recycled paper
1KE Family Properties, LLC
Attn: Mr. Jeff Edwards
D W R # 14 -1213
401 AND BUFFER AUTHORIZATION 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) 3883 and 3885.
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.
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 1SOB 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).
JKE Family Properties, LLC
Attn: Mr. Jeff Edwards
DWR #14 -1213
401 AND BUFFER AUTHORIZATION 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 and Tar - Pamlico River
Riparian Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or
anthonv.scarbraueh@ncdenr.gov if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC(s) 3883 and 3885
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File