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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