20110504 Ver 1_No Written Concurrence_20110609

LT, NOT A LAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
June 9, 2011
William A. Foote
Trevor S. Foote
608 Woods Walk Lane
Rocky Mount NC27804
Subject Property: lot 48, Bailey Point
Bailey Creek [TAR07 29-29-5-2; SA, HQW, NSW]
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Foote:
Beaufort County
DWQ Project #: 11-0504
You have our approval, in accordance with the attached conditions, to impact 9.0 sq. ft
(0.0002 acres) of waters for the purpose of constructing a third slip 20' x 50' by driving pilings
and constructing two 3-pile clusters as you described in your application dated May 17, 2011.
This fill is below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3641 are met, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
This approval shall expire when the corresponding Nationwide Permit expires or as otherwise
provided in the General Certification. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
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
North Carolina Division of Water Quality Internet: www.ncwatcrquality.or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone] One
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Page 2 of 2
ac 14 `i ?AsT k?stallation, operation, and maintenance of sediment and erosion
10, Best Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
2. Work Moratoriums
Bailey Creek is a Primary Nursery Area. In order to protect uses for PNA the permittee will need to
adhere to all appropriate in-water work moratoriums prescribed by the NC Wildlife Resources
Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. All in water
work should be performed outside of the Pamlico Basin PNA moratorium (April 1- September 30).
3. Certificate of Completion
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401 /Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or Coastal Area
Management Act Permit.
If you do not accept any of the conditions of this certification, 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. If you have any questions, please telephone Amy Adams of the
Washington Regional Office at 252-948-3917 or Ian Mcmillan of Central Office at 919-807-
6364.
S' ceIga
L
ATHo tgiii o UtSupervisor
Surface Water Protection Section
Washington Regional Office
Attachments: General Certification (GC) 3641
Certificate of Completion
cc: USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
DWQ Washington Regional Office File copy
Doug Hugget, DCM Morehead City
David Moye, DCM Washington
Central Files
Filename: 11-0504_Foote_3641 approv/aa