20052004 Ver 2_Approval Letter_20090416

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 16, 2009
NC Dept. of cultural Resources
Tryon Palace History & Education Center
DWQ Project # 05-2004 vs 2
Craven County
Subject Property: 529 South Front Street, New Bern
Trent River, Neuse Basin, 030310, 27-101-(39), NSW, SB, Sw
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.14 acres of waters to construct a pier and five slip docking facility as
described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on February 20, 2009. 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
North Carolina Division of Water Quality Internet: www riewaterqualiMorg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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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 0.14 (acres) Plat provided with application
Buffers na (square ft.) Site previously disturbed, all
stormwater runoff for entire site
will be treated in created
wetlands.
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.
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.
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
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.0259. 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.
ncerely,
Co `n H. Su ins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, WaRO
File copy
Bill Williams, Colejenest &Stone, PA
150 Fayetteville St. Suite 950, Raleigh, NC 27601