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Home My WebLink About20040471 Ver 2_Approval Letter_20130508North Carolina Pat McCrory Governor Town of Plymouth Attn: Mike Wright 124 East Water Street Plymouth, NC 27962 Subject Property: NCDENR Department of Environment and Division of Water Quality Charles Wakild, P. E. Director May 8, 2013 NV i A GAvilk PERMIT Natural Resources Town of Plymouth 6- Slip Shore Side Dockage Roanoke River [RCA09, 23 -(53), C; Sw] John E. Skvarla, III DWQ Project q 04 -0471 V2 Washington County Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Wright: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.026 acres (0.019 acres of fill and 0.007 acres of shading) of waters for the purpose of constructing a bulkhead, replacement of an existing boat ramp and launching piers at the subject property, as described within your CAMA Major application dated April 26, 2013 and received by the N.C. Division of Water Quality (DWQ) on April 26, 2013. 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. 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. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as North Carolina Division of Water Quality Internet www.ncwaterquality.ore 943 Washington Square Mall Phone: 252- 946 -6481 Washington, NC 27889 FAX 252- 946 -9215 An Equal OpportunitylAfirmative Action Empbyer— 50% Recycled /10% Post Consumer Paper NorthCarolina Naturally VVI Page 2 of 3 described in 15A NCAC 2H .0506 (h). 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. The applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 4. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute iSOB 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: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Amount Approved (Units) Plan Location or Reference Waters 0.025 (acres) I Plan Sheet C.2.1 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. The applicant /permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 4. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute iSOB 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: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Page 3 of 3 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 8:00 am and 5:00 pm, 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: 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 of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919 - 807 -6364 or Anthony Scarbraugh in the DWQ Washington Regional Office at 252- 948 -3924. Sincerely, al`v( -L� 0&�In(A For Charles Wakild, P.E. Division of Water Quality Enclosures: GC 3900 Certificate of Completion cc: XTracey Wheeler- USACE Washington Regulatory Field Office — electronic copy ✓Jennifer Burdette - DWQ Webscape Unit ✓Doug Huggett - DCM Morehead City ✓David Moye - DCM WaRO v"Pat McClain - DEMLR, WaRO File copy ✓Derrick Smith - The Wooten Company - 301 West 10`" Street, Greenville, NC 27834 File:04 -0471 V2—Town of Plymouth _3890_approval /as