20080725 Ver 1_Approval Letter_20080708

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
July 8, 2008
Mr. David Austin
Post Office Box 422
Aurora, NC 27806
Subject Property: 32359 Hwy. 33 East of Aurora
Campbell Creek, Tar-Pamlico River Basin
DWQ Project # 08-0725
Beaufort Co?roApproval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Austin:
You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact
0.015 acres of Coastal wetlands, 0.05 acres of canal bottom for dredging, 859 square feet (W) of fill in waters, and
900 ft' of shading impacts as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on May 28, 2008. 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 Corgis cf
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0259. 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,
must notify us and you maybe required to send us anew application. If the property is sold, the new owne :r,.a
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. is
total fills for this project (now or in tlie'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:
Amount Approved (Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands (acres)
Waters (acres)
Buffers 1,200 (square ft.) Walkway boat docks
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 2
July 8, 2008
2. Certificate of Completion
. Lon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
u 3, 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
,,,. civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
our 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.
_aes over determinations regarding this Authorization Certificate (associated with the approved buffer
sha'.l 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
Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 213 .0259. If you have any questions,
please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit ?
LAMA, Doug Hugget, Morehead Office
CAMA, Mike Thomas, WaRO
File copy
Central Files
Sincerely,
r ,y
Al Hodge/Supe or
Division of Water Quality
Surface Water Protection
Washington Regional Office
File:08-0725