20130901 Ver 1_Approval Letter_20130909

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 9, 2013
DWR Project # 13 -0901
Pamlico County
John W. Wooten
4469 Rustling Woods Drive
Denver, NC 27894
Subject Property: Will Wooten Property
Eastham Creek [TAR07, 29 -33 -3; NSW; SA; HQW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wooten:
You have our approval for the impacts listed below for the purpose described in your
application dated August 19, 2013, received by the Division of Water Resources (DWR) on
September 4, 2013. These impacts are covered by the attached Water Quality General
Certification Number 3885 and the conditions listed below. The General Certification allows
you to use Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
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:
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 80763001 Fax: [phone]
Internet:: w .nmaterauality.oro
An Equal Opporomity'Af native Action Employer

John W. Wooten
DWR# 13 -0901
401 APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
401/404 Wetlands
1.32 (acres)
6.75 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions.
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 Resources, Water Quality Programs, 1650
Mail Service Center, Raleigh, NC, 27699 -1650.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
John W. Wooten
DWR# 13 -0901
401 APPROVAL
Page 3 of 3
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under Section 401 of the Clean Water Act.
Please contact Anthony Scarbraugh at 252 - 948 -3924 or anthony.scarbraugh @ncdenr.gov if you
have any questions or concerns.
Sincerely,
l�
Amyms
Regional Supervisor
DWR Water Quality Programs
Washington Regional Office
Enclosures: GC 3885
Certification of Completion
cc: Kendall Smith, USFWS, 155 -A L.A. Keiser Drive, Columbia, NC 27925
Emily Greer, USACE Washington Regulatory Field Office (via email)
DWQ WaRO 401 files
Jennifer Burdette, DWQ Webscape Unit
File: 13-0901—Will Wooten Property_3885_approval /as