HomeMy WebLinkAbout20021587 Ver 2_Approval Letter_20081008iw-A T?q
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 8, 2008
Whittaker Point Properties
Mr. Henry Frazer
Post Office Box 88
Oriental, NC 28511
Coleen H. Sullins, Director
Division of Water Quality
Chuck.Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 02-1587 Ver. 2
Pamlico County
Subject Property: Whittaker Point Marina Breakwater Project
Whittaker Creek, Neuse River Basin
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Frazer:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 401 linear feet of waters to install under dock breakwater as described in your
application modification received by the Division of Water Quality (DWQ) 401 Oversight/Express
Review Permitting Unit on September 16, 2008. 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 (USACE). 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
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 (feet)
404/CAMA Wetlands (acres)
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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Page 2 of 2
October 8, 2008
Waters 401 (linear feet) Southern most Dock in
Whittaker Point Marina
Buffers (square ft.)
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.
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. 27699-67.14. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-
3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Since 1},'
For Co een
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, Daniel Govoni, Morehead Office
File copy
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