HomeMy WebLinkAbout20141311 Ver 1_Approval Letter_20150121NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory
Governor
January 16, 2015
Shackelford Family, LLC
Sarah Robert, Registered Agent
506 Neptune Drive
Cape Carteret„ NC 28584
Donald R. van der Vaart
Secretary
DWR #14 -1311
Lenoir County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS and RIPARIAN BUFFER IMPACTS
Dear Ms. Robert:
You have our approval for the impacts listed below for the purpose described in your
application dated December 17, 2014 and received by the Division of Water Resources
(Division) December 19, 2014. These impacts are covered by the attached Water Quality
General Certification Number 3890 (GC 3890). This certification is associated with the U.S.
Army Corps of Engineers Nation Wide Permit 29. Please note that you should obtain 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, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
401 & Buffer PermiitingUnit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 -807-6301 1 FAX: 919 -807 -6494
Internet http : / /portal.nodenr.org/web/wQM
An Equal Opportunity 1 Affirmative Action Employer
Greenbrier Landing
Ms. Sarah Robert
DWR# 14 -1311
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
75 (linear feet)
(linear feet)
404/401 Wetlands
Site 1
(acres)
(acres)
Coastal Wetlands
Site 1
(acres)
(acres)
Open Waters
Site 1
(acres)
(acres)
Buffers —Zone 1
Site 1
3600 (square feet)
(square feet)
Buffers — Zone 2
Site 1
2400 (square feet)
(square feet)
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 /Authorization. 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 (s) /Permit /Authorization and is responsible for complying with all
conditions.
3. Riprap shall be clean and free of sediment, fines, and petroleum contaminates.
4. Buffer Impacts
The approved buffer impacts associated with the road crossing equal 6,200 square feet.
The Neuse Buffer Rule requires buffer mitigation for road crossings that exceed 150 linear
feet or 1/3 acres (14,520 ft') of buffer impacts. The impact area includes the area of the
footprint of the use and any clearing and grading activities within the riparian buffer
necessary to accommodate the use. The length of buffer impact is measured parallel to
the stream and includes the length of the footprint of the use and any clearing and grading
activities within the riparian buffer necessary to accommodate the use. If the DWR
determines that the impacts exceed 150 feet or 1/3 acre to the buffer, then buffer
mitigation pursuant to 15A NCAC 02B .0233 (buffer protection rule) will be required for
the entire impact area.
This approval and its conditions are final and binding unless contested.
This Certification /General Permit /Buffer Authorization may be contested as provided in Articles
3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the
Greenbrier Landing
Ms. Sarah Robert
DWR# 14 -1311
Page 3 of 4
Office of Administrative Hearings (hereby known as OAH) within sixty (60)/ thirty (30) (60 days
for 401/ Buffer, 30 days for isolated) calendar days.
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. 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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 Act/
Isolated Wetlands and Isolated Waters Rules and the Neuse River Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Roberto Scheller in the Washington Regional
Office at 252- 948 -3940 or roberto.scheller @ncdenr.eov if you have any questions or concerns.
Sincere-ly,
Z er " %j /
David May
Regional Supervisor
Washington Regional Office
Greenbrier Landing
Ms. Sarah Robert
DWR# 14 -1311
Page 4 of 4
Enclosures: GC 3885
Certification of Completion
cc: Steve Janowski, P.E., Rivers & Associates, Inc., (sjanowski @riversandassociates.com)
Josh Pelletier, USACE, Washington Regulatory Field Office
Laserfiche
WaRO file