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HomeMy WebLinkAbout20081277 Ver 2_Approval Letter_20090112 �F W ATFj9 Beverly Eaves Perdue,Governor Dee Freeman,Secretary1 r North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality January 12, 2008 DWQ EXP# 08-1277 Ver.2 Beaufort County Beacon Street Norfleet, LLC. Mr. Scott Dixon 3126 Sussex Road Raleigh,NC 27607 Subject Property: 27810 Norfleet Shores Road (SR 1720)Belhaven,NC Pungo River, Tar-Pamlico River Basin APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259)with ADDITIONAL CONDITIONS EXPRESS REVIEW PROGRAM Dear Mr. Dixon: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.5 acres of wetlands, 2,188 square feet of stream bottom and 6,618 square feet(ftz)of protected riparian buffers for the purpose of construction roadways,4-slip pier, and boat ramp at the subject property as described within your CAMA application dated December 10, 2008. After reviewing your application,we have decided that the impacts are covered by the N.C. Division of Water Quality(DWQ)General Water Quality Certification Number(s)3642 (GC3642). 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 obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Tar-Pamlico River Buffer regulations. 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. Conditions: 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: Noce hCarolina 401 Oversight/Express Review Permitting Unit QtllCQ��I� 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc us/ncwetiands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper WC0%,UIl �7l1 CC INUI 11ccl, l-LV Mr. Scott Dixon Page 2 of 3 January 12, 2008 Amount Approved (Units) Plan Location or Reference Stream 2,188 (sq. feet) Norfleet Subdivision 404/CAMA Wetlands 0.5 (acres) Norfleet Subdivision Waters (acres) Buffers 6,618 (square ft.) Norfleet Subdivision 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any 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 Preconstruction Notice Application. 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. 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. 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/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. 6. 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. Beacon Street Norfleet, LLC Mr. Scott Dixon Page 3 of 3 January 12, 2008 If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream 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. 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 Cyndi Karoly at 919-733-9721 or Roberto Scheller in the Washington Regional Office at 252-948-3940. Sincerely, For 4oleen IRUNI _ PM Attachments: Certificate of Completion GC 3641 cc: Quible&Associates, P.C.,Brian Rubino USACE Washington Regulatory Field Office LQ WaRO Regional Office, Pat McClain CAMA WaRO Regional Office, David Moye File Copy Filename 08-1277Ver.2 Permit Class Permit Number RENEWAL 05-09 STATE OF NORTH CAROLINA Department of Environment and Natural Resources �Q v and SUN 'r Coastal Resources Commission 2015 �ENR. 401 8 9FFER ERti Ces NG for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 - X Excavation and/or filling pursuant to NCGS 113-229 Issued to Beacon Street Nor$leet,LLC,c/o Scott Dixon,3126 Sussex Road,Raleigh,NC 27607 Authorizing development in Beaufort County at on Pungo River and Little Creek, end of SR 1720 near Belhaven as.requested in the permittee's letter dated 5111115 This permit, issued on June 5,_2015 , is subject to compliance with the application(where consistent with the permit),all applicable regulations, special conditions and notes set forth below.Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. 1) This renewal shall be attached to the original Permit No. 05-09, which was issued on 3/4/09, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2)- All conditions and stipulations of the active permit remain in force under this renewal. NOTE: A permit renewal application processing fee of$100 was received by DCM for this project. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. PIP A Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on ` This permit and its conditions are hereby accepted. .]tune 7,2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee