20070815 Ver 1_Approval Letter_20070702

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 2, 2007
Pirate Properties & Development, LLC.
Attn: Rudy Smithwick
8633 Vintage Club Drive
Wilmington, NC 28411
Subject Property: Buoy Tender Station
Pamlico River, 030307, 29-(1), SC, NSW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Smithwick:
Coleen H. Sullins Director
Division of Water Quality
DWQ Project # 07-0815
Beaufort County
You have our approval, in accordance with the attached conditions, to impact 0.037 acres of waters to re-construct
ten (10) boat slips, a wooden dock, and pier and catwalks as described in your application received by the Division
of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on May 11, 2007. 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 (LISACE). 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 maybe 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 1501inear 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:
Amount A roved (Units Plan Location or Reference
Stream na feet na
404/CAMA Wetlands na acres na
Waters 0.037 acres Plat rovided with a lication
duffers na (s uare ft. na
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
North Carolina Division of Water Quality Internet h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer-50% Recycled110% Post Consumer Paper
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Applicant
Page 2 of 2
Date
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. 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 activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standazds, statutes, or rules occur.
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 Heazings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions aze fmal and binding unless you ask for a heazing.
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 Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian
McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
r -A1 o g`e~upe~
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Warren Eadus, Quible and Associates, P.C.
PO Drawer 870, Kitty Hawk, NC 27949
Filename: 07-0815