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HomeMy WebLinkAbout20141165 Ver 1_Approval Letter_20150123NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 23, 2015 Phillip Carawan Post Office Box 164 Columbia, NC 27925 Subject Property: Carawan Marina Albemarle Sound [PAS 50, 30; SBj Donald R. van der Vaart DWQ Project # 14 -1165 Tyrell County Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Carawan: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 3,041 square feet of wetlands by dredge; 15,000 square feet of channel dredge; 626 linear feet of riprap for shoreline protection; construct two rock jetties 20 foot wide with one at 183 linear feet and one at 175 linear feet, and construct 300 linear feet of bulkhead. The proposed project is as described within your CAMA Major application dated October 27, 2014, with proposed changes dated January 13, 2015. This project was placed on hold for additional information on November 18, 2014 and a second additional information letter was issued on December 15, 2014. The original application was received by the N.C. Division of Water Resources (DWR) on November 11, 2014. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certification (s) is issued in conjunction with the 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. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. Water Quality Regional Operadons Section Internet: www ncwaterquality org 943 Washington Square Mall Phone: 252- 946 -6481 Washington, NC 27889 FAX 252- 946 -9215 Carawan Marina Mr. Phillip Carawan January 23, 2015 Page 2 of 4 This approval is for the purpose and design that you described in your application. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina, Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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 Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands 0.069 (acres) dredge Plan Sheets Waters 0.144 (acres) shoreline 0.164 (acres) jetty fill 0.344 (acres) dredge Buffers (square ft.) 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina, Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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 Carawan Marina Mr. Phillip Carawan January 23, 2015 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.gov if you have any questions or concerns. Sincerely, R�j z:10-4 Robert Tankard Assistant Regional Supervisor Division of Water Resources Carawan Marina Mr. Phillip Carawan January 23, 2015 Page 4 of 4 Enclosures: Certificate of Completion GC 3900 cc: Brian Rubino, P.G., Quible & Associates, P.C. email: (brubino @quible.com) Raleigh Bland, ACE, Washington Field Office, (raleigh.bland @usace.army.mil) DCM, Kelly Spivey, WaRO, (Kelly.Spivey @ncdenr.gov) File copy