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