HomeMy WebLinkAbout20070685 Ver 2_Approval Letter_20080303\ NA
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 3, 2008
Swan Quarter Landing, LLC.
Attn: Don Faulkner, Jr.
PO Box 1322
Henderson, NC 27537
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 07-0685 vs 2
Hyde County
Subject Property: Swan Quarter Landing
Tar-Pamlico Basin, Swan Quarter Bay, 030308, 29-49, SA, ORW
Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Faulkner:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.009 acres of waters and 11320 square feet of Tar-Pamlico riparian buffer to construct
a 58 slip marina as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on November 13, 2007. After reviewing your application, we
have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number
3642 covers these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In
addition, you should get or otherwise comply with any other federal, state and local requirements before
you go ahead with your project including (but not limited to) erosion and sediment control regulations
and CAMA. 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. 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 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Natmially
Faulkner
Page 2 of 3
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:
Amount Approved (Units) Plan Location or Reference
Stream na feet na
404/CAMA Wetlands na (acres) na
Waters 0.009 acres Plat provided with application
Buffers 11160 (square ft.) Zone 1 Plat provided with application
160 (square ft. Zone 2
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3642.
4. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA
approved Spill Prevention Control and Countermeasure (SPCC) plan to this Office before the fueling
facilities are constructed.
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Faulkner
Page 3 of 3
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 Kyle Barnes of the Washington Regional Office at 252-
948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
-?;k Lso-&Iya-111-
- Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
;,/6WQ 401 Oversight/Express Unit
DCM, Doug Hugget
DCM, WaRO
File copy
Central Files
Ralph s. Jarvis, Jarvis Consulting, Inc.,
223 Respess St, Washington, NC 27889
Filename: 07-0685 vs 2