20120954 Ver 1_Approval Letter_20121022

A�
la=*j
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
October 22, 2012
Dare County
Mr. Robert L. Outten, Dare County Manager
Mr. Steven D. Thompson, National Park Service
Post Office Box 1000
Manteo, NC 27954 — 1000
Dee Freeman
Secretary
DWQ Project # 12 -0954
Dare County
Subject Property: Outer Banks National Scenic Byway NCDOT STRIP # S -5104
Pasquotank River Basin, Pamlico Sound [PAS 55, 30 -22; SA HQW]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Outten & Thompson:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.24 acres of waters by shading and for the purpose of
constructing 6 wooden bridges along the proposed walkway ( NCDOT STRIP# S -5104) at the
subject property, as described within your CAMA Major application dated October 4, 2012 and
received by the N.C. Division of Water Quality (DWQ) on October 15, 2012. The impacts
described in your application are covered by General Water Quality Certification Number(s)
3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit
and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. 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 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. Approved
plans and specifications for this project are incorporated by reference and are enforceable parts
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper ;Vataally

Mr. Robert L. Outten, Dare County Manager
Mr. Steven D. Thompson, National Park Service
Outer Banks National Scenic Byway NCDOT STRIP # S -5104
October 22, 2012
Page 2 of 3
of the permit. 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 21-1.0506 (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:
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3900.
3. 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.
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.
Amount Approved
(Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
0.189 (acres) shading
Plan Set # 07957
Waters
0.0458 (acres) shading
"
Buffers
(square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3900.
3. 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.
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.

Mr. Robert L. Outten, Dare County Manager
Mr. Steven D. Thompson, National Park Service
Outer Banks National Scenic Byway NCDOT STRIP # S -5104
October 22, 2012
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 Roberto Scheller of the Washington
Regional Office at 252- 948 -3940 or Karen Higgins of the Wetland, Buffer, Stormwater,
Compliance and Permitting (Webscape) Unit at 919 - 807 -6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Raleigh Bland, Corps of Engineers, Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy