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HomeMy WebLinkAbout20141213 Ver 1_Approval Letter_20141208Arjp2 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 8, 2014 JKE Family Properties, LLC Attn: Mr. Jeff Edwards 1801 North Thames Court Greenville, NC 27858 John E. Skvarla, III Secretary DWR # 14 -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 (USAGE). This approval supersede the approval issued on December 1, 2014. 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 Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Waters 01 (Pier) 0.01212 (acres) 0 (acres) Page 6 of 10 PCN Application 02 (Bulkhead) 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 -64811 Fax: 252-975-3716\ Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper JKE Family Properties, LLC Attn: Mr. Jeff Edwards DWR # 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 QualitV 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. 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:Hwww.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). JKE Family Properties, LLC Attn: Mr. Jeff Edwards DW R # 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 forthe 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.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, e Robert Tanka�stant 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