20081428 Ver 1_Approval Letter_20081104

p?pF W A TF,9pG Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p - Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
November 4, 2008
DWQ Project # 08-1428
Dare County
Fred Wescott
PO Box 611
Manteo, NC 27954
Subject Property: Fred Wescott Net Shed
Dough's Creek, Pasquotank Basin, 030151, 30-21-3-2, SC, HQW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Wescott:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.007 acres of waters to dredge an existing basin to -3 feet and rebuild a bulkhead as
described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express
Review Permitting Unit on September 18, 2008. After reviewing your application, we have determined
that the Division of Water Quality (DWQ) General Water Quality Certification Number 3642covers these
water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US
Army Corps of Engineers (USAGE). 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 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:
Amount Approved (Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands na (acres) na
Waters 0.007 (acres) Plat provided with application
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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Wescott
Page 2 of 2
November 4, 2008
Buffers 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 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 standards, 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 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. 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.
f Sincerely,
for Coleen Sullins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
File copy
CAMA Morehead, Doug Huggett
CAMA Elizabeth City
Filename: 08-1428