20121020 Ver 2_Approval Letter_20130225

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory
Governor
Foster's Seafood
Mr. Ernest F. Foster
220 Loop Road
Belhaven, NC 27810
Charles Wakild, P.E.
Director
February 25, 2013
John E. Skvarla III
DWQ Project # 12 -1020 Ver. 2
Beaufort County
Subject Property: Duck Creek Dock Project
Tar - Pamlico River Basin, Duck Creek (TAR 07,
29- 34 -34 -6; NSW, SC)
Reissuance of Approval of 401 Water Quality Certification (GC3900) and
Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A
NCAC 2B .0259) with Additional Conditions
Dear Mr. Foster:
Your DWQ General Certification (GC) 3900 is being reissued with modifications to the
additional conditions. Specifically this Office has removed the in water work
moratorium from the additional conditions. Please note that this certification supersedes
all other certifications issued for the subject project by DWQ. This certification is for
approval, in accordance with the attached conditions and those listed below, to impact
0.034 acres (1,500 square feet) of open waters by shading for construction of 3 — 100 foot
long piers, 100 foot breakwater attached to pier, 0.007 acres of fill for bulkhead
replacement, and installation of 8' by 290' boardwalk for used as staging area for
crabbing operations that will shade 2320 square feet of buffer as described within your
CAMA Major application dated October 24, 2012 and received by the N.C. Division of
Water Quality (DWQ) on November 1, 2012. It was noted that the unimproved driveway
is existing and placement of gravel will not count as buffer impacts or additional
impervious surface. 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
North Carolina Division of Water Quality Internet: www.ncwaterqualityoorra,
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofina
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Foster's Seafood Dock Project
February 25, 2013
Page 2 of 3
CAMA Major Permit when the Division of Coastal Management issues it. This letter
shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0259 as a result of construction activities. In
addition, you should obtain 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
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. 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.
Amount Approved
(Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
Waters
0.034 (acres) shading
0.007 (acres) fill
Plan Drawing 1 of 1
Buffers
2.320 (square ft.)
shading
" " "
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.

Foster's Seafood Dock Project
February 25, 2013
Page 3 of 3
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3900.
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.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act and the Neuse riparian buffer protection rule as described within
15A NCAC 2B .0233. 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: Tracey Wheeler, Corps of Engineers, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye, WaRO
DLR, WaRO
File copy
File: 12-1020 Ver. 2