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Home My WebLink About20150715 Ver 1_Approval Letter_20150728MDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 28, 2015 Mattamuskeet Association Attn: Wilson Daughtry PO Box 81 Engelhard, NC 27824 Donald R. van der Vaart Secretary DW R # 15 -0715 Hyde County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Mattamuskeet Drainage Association — Loop Block Canal Relocation Dear Mr. Daughtry: You have our approval for the impacts listed below for the purpose described in your application dated July 15, 2015 and received by the Division of Water Resources (Division) on July 20, 2015. These impacts are covered by the attached Water Quality General Certification Number 3897 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 40 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) 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. [35A NCAC 02B .0506(b)(c)] Type of Impact Amount Amount Plan location/ Approved (units) Approved Reference Attached Permanent (units) Temporary Waters 0 -1 10.05 (acres) 10 (acres) Fourth Avenue Ditch Plug 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. 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 Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall. Washington. NC 27889 Phone: 252 - 946 -Ml8 Fax: 252 - 975 -37161 Internet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recyUed paper Mattamuskeet Association Attn: Wilson Daughtry DWR# 15 -0715 401APPROVAL Page 2 of 4 given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Qualitv Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3897. [15A NCAC 02B .0507(c)] 4. Re Opener Clause Mattamuskeet Association and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Mattamuskeet Association shall require their contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Mattamuskeet Association and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.o503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 5. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H .0507 (c)] 6. This approval and their conditions are final and binding unless contested. [G.S. 143 - 215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B 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 htto: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. 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 Mattamuskeet Association Attn: Wilson Daughtry DWR# 15 -0715 401 APPROVAL Page 3 of 4 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: 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: Sam H. 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. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrau ¢ hCancdenr.eov if you have any questions or concerns. Sincerely, , Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3897 Certification of Completion cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Laserfiche File Pat McClain, DELMR WaRO (via email) Doug Huggett, DCM Morehead City Steve Trowell, DCM Washington Mattamuskeet Association Attn: Wilson Daughtry DWRff 15 -0715 401APPROVAL Page 4 of 4 Mike Bryant, US Fish and Wildlife, PO Box 1969, Manteo, NC 27954 Ben Simmons, Jr., Mattamuskeet Ventures 1, LLC, PO Box 128, Fairfield, NC 27826 Erin Fleckenstein, NC Coastal Federation, 128 Grenville Street, Manteo, NC 27954 SS = i:1 PLANNED DITCH PLUG 40 FT. X 50 FT; CONSTRUCTED 2 FT ABOVE AVERAGE GROUND NTS AVERAGE GROUND _a 1 � � SS =1:1 10• SS =1:1 iS = 2.5:1 10' TYPICAL NEW CANAL SECTION NTS FOURTH AVE. 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