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HomeMy WebLinkAbout20140571 Ver 1_Approval Letter_20140709MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 9, 2014 Town of Hertford Mr. Brandon Shoaf Post Office Box 32 Hertford, NC 27944 John E. Skvarla, III DWQ Project # 14 -0571 Perquimans County Subject Property: Perquimans River, Hertford, west of S Bridge Perquimans River Basin, Perquimans River [PAS 52, 30- 6 -(3); SC] Approval of 401 Water Quality Certification (GC3900) with Additional Conditions Dear Mr. Shoaf: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 2,028 square feet (0.046 acres) of open water by shading for the purpose of constructing a nine (9) slip docking facility including a 6' x 170' pier with (2) 40' x 6' finger piers, (2) 4' x 36' finger piers, (2) 4' x 30' finger piers, one electric /water pedestal and one pump out station located at end of pier. The proposed project is as described within your CAMA Major application dated June 4, 2014 and received by the N.C. Division of Water Resources (DWR) on June 5, 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. 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 Division of Water Resources —Water Quality Regional Operations Section— Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 - 6481 \ Fax : 252- 975- 3716\ Internet w .ncrlenr.gov Town of Hertford Mr. Brandon Shoaf July 9, 2014 Page 2 of 3 stream, compensatory mitigation may be required as 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. 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. 4. Washing of boats within docking facility is prohibited as the wash water is considered to be a wastewater and must be collected and disposed of properly. 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. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Amount Approved Units Plan Location or Reference Stream feet 404 /CAMA Wetlands acres Waters 0.046 acres shading Application Plan Sheets 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. 4. Washing of boats within docking facility is prohibited as the wash water is considered to be a wastewater and must be collected and disposed of properly. 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. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Town of Hertford Mr. Brandon Shoaf July 9, 2014 Page 3 of 3 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 - 948 -3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919 - 807 -6364. Sincerely, Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: Certificate of Completion GC 3900 cc: Raleigh Bland, Corps of Engineers, Washington Field Office DWR Webscape Unit DCM, Doug Huggett, Morehead Office DCM, Lynn Mathis, Elizabeth City Office File copy