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