HomeMy WebLinkAbout20090585 Ver 2_Approval Letter_20090812???A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 12, 2009
NC Dept. of Administration
301 N. Wilmington St.
Suite 450
Raleigh, NC 27601
DWQ Project # 09-0585
Hyde County
Subject Property: NCCAAT, 2 Irvin Garish Highway
Pamlico Sound, Tar-Pamlico Basin, 030308, 29-(40.5), SA, HQW
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 2.8 acres of waters to construct an offshore breakwater and wetland restoration
as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on July 2, 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:
North Carolina Division of Water Quality Internet: www.ucwater(iualitv^org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarofina
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Page 2 of 3
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 na (feet) na
404/CAMA Wetlands na acres na
Waters 2.8 (acres) Plat rovided with application
Buffers 1125 (square ft. Plat provided with application
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. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the
stream as identified within 15A NCAC 2B .0233(5)
5. In Water Construction Moratorium
In water work relating to the installation of this project should adhere to the February
15 - June 30 moratorium. This will ensure the environmental integrity of the area is
protected during these critical times.
6. Wetland Monitoring Plan
"As Built" wetland planting plan shall be submitted to the DWQ once planting is completed.
The plan shall include placement of monitoring stations. A yearly monitoring report of the
success of the restoration shall be submitted starting from the date of final planting.
Monitoring shall include control of invasive species.
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.
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Page 3 of 3
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
.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.
kSncc,etv ,
oleen H. Sullins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, W aRO
File copy
Greg Driver, 301 N. Wilmington St, Suite 450, Raleigh, NC 27601