HomeMy WebLinkAbout20141265 Ver 2_Approval Letter_20150708NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 8, 2015
South Bay Pointe, LLC
Mr. Larry M Bragg
19901 West Catawba Avenue, Suite 203
Cornelius, NC 28031
Donald R. van der Vaart
Secretary
DWR # 14 -1265 Ver. 2
Beaufort County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Project: South Bay Pointe II, Scott Creek, Belhaven
Tar- Pamlico River Basin, Scott Creek [TAR 07, 39- 34 -35 -6; NSW SC]
Dear Mr. Bragg:
You have our approval for the impacts listed below for the purpose described in your
application signed and dated April 27, 2015, and received by the Division of Water Resources
(Division) on May 19, 2015. 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 requires you to follow the conditions listed in the enclosed certification or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts.
Division of Water Resources —Water Quality Regional Operations Section —Washington Regional Office
943 Washington Square mall, Washington, NC 27889 _
Phone: 252 -946-6481 1 FAX: 252- 975 -3716
Internet: hhp : / /portal.ncdenr.org /webANq/ws
An Equal Opportunity 1 Affirmative Action Employer
Mr. Larry M. Bragg
South Bay Pointe II
July 8, 2015
Page 2 of 3
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
1. Stream
Site 1
(linear feet)
404/401 Wetlands
Site 1
(acres)
(acres)
Coastal Wetlands
Site 1
(acres)
(acres)
Open Waters
Site 1
0.234 (acres) Dredge
(acres)
0.014 (acres) Fill
0.004 (acres) Shading
Buffers —Zone 1
Site 1
(square feet)
(square feet)
Buffers — Zone 2
Site 1
(square feet)
(square feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification /Authorization. If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this approval letter and
General Certification (s) and is responsible for complying with all conditions.
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 can be contested as provided in Articles 3 and 4 of General Statute 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty(60) calendar days.
A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
Mr. Larry M. Bragg
South Bay Pointe II
July 8, 2015
Page 3 of 3
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 8:00am and 5:00pm, 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, Fed Ex, 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:
Sam Hayes, 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.
Please contact Roberto Scheller by phone at 252- 948 -3940 if you have any questions or
concerns.
Sincerely,
David May
Regional Supervisor
Division of Water Resources
Enclosures: GC 3900
Certification of Completion
cc: Brian Rubino, Quible & Associates, P.C., email: brubino @quible.com
Gary Beecher, USACE, Washington Regulatory Field Office
Karen Higgins, Central Office
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