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HomeMy WebLinkAbout20052066 Ver 8_Approval Letter_20170421Water Resources Environmental Quality April 21, 2017 Northeastern North Carolina Properties Corolla Soundside, LLC ATTN: Mr. Louis Roussos 6001 Harbour View Boulevard Suffolk, Virginia 23435 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 2005-2066 v8 Currituck County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cruz Bay Lane and Cruz Bay Court (Corolla Bay) — Community pier, parking, groins, breakwaters, bulkheads, retaining wall, kayak storage area, concrete walkways. Dear Mr. Roussos: You have our approval for the impacts listed below for the purpose described in your application dated January 20, 2017 and received by the Division of Water Resources (Division) on January 25, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 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: The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Plan location/ (units) Approved (units) Reference Permanent Temporary Attached Wetlands 0.04 (acres) 0 (acres) Sheet 1 of 2 Open waters 0.04 (acres) 0 (acres) Sheet 2 of 2 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4097. [15A NCAC 02B .0507(c)] -=7 Nothing Compares State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 NENC Properties Corolla Soundside, LLC DWR# 2005-2066 v8 401 APPROVAL Page 2 of 3 Continuing Compliance During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(f)] 4. 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 15013 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 ht_t_p://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 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: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 NENC Properties Corolla Soundside, LLC DWR# 2005-2066 v8 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.pullinger@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Ron Renaldi, DCM Elizabeth City (via email) Gregg Bodnar, DCM Morehead City (via email) George Wood, Environmental Professionals, Inc. (via email — obxwood@yahoo.com) DWR WaRO 401 files Laserfiche