20110896 Ver 4_Waived Project_20170418

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Ware? Resources
April 18, 2017
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Orton Plantation Holdings, LLC
Attn: Mr. Peter Talty
37th Floor, 11 Times Square
New York, NY 10036
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MICHAEL S. REGAN
S. JAY /IMMf RMA N
DWR # 11-0896 v4
Brunswick County
Subject: WAIVER OF REQUIREMENT FOR A 401 WATER QUALITY CERTIFICATION
Pleasant Oaks Plantation Rice Field Restoration and Protection Project
Dear Mr. Talty:
On February 6, 2017, the Division of Water Resources (Division) received your application dated
January 27, 2017, requesting a 401 Water Quality Certification from the Division for the subject
project.
According to Title 15A NCAC 02H .0507, if final action is not taken within 60 calendar days, the
requirement for Certification is waived. Therefore, the Division has waived the requirement for a
401 Water Quality Certification to permanently impact 1.2 acres of wetlands for dike expansion
and temporarily impact 24.2 acres of wetlands for planting rice at the subject property as
described in your application package.
This waiver is only valid for the specific plan and impacts provided in your application. If
additional impacts are necessary and/or your site plans change, a 401 Water Quality Certification
will be required. This waiver does not relieve you of the responsibility to obtain all other
required federal, state or local approvals.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
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Please contact Chad Coburn at 910-796-7379 or [e-mail] or Jennifer Burdette
at 919-807-6364 or [e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Steve Morrison, Land Management Group, Inc. (via [e-mail])
USACE, Wilmington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file