20100174 Ver 1_Approval Letter_20100406

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 6, 2010
Hedgepath Development, Corporation
Toby Hedgepath
3824 Bruce Road
Chesapeake, VA 23321
Subject Property: Harbour Shores
Currituck Sound [030154, 30-1, SC]
Dee Freeman
Secretarv
DWQ Project # 10-0174
Currituck County
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Hedgepath:
You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.0824 acres of waters to construct the proposed bulkhead as described in
your application received by the Division of Water Quality (DWQ) 401 Oversight/Express
Review Permitting Unit on March 1, 2010. After reviewing your application, we have
determined that the Division of Water Quality (DWQ) General Water Quality Certification
Number 3641 covers these water impacts. This Certification allows you to General Permit No.
198000291 when issued by the US Army Corps of Engineers (USACE). 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 21-1.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
North Carolina Division of Water Quality Internet: www ncwatcrquality_ora
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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Page 2 of 3

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
Waters 0.0824 (acres) DCM Field Investigation Report
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) 3641.
4. No Impacts Beyond those in the 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.
Page 3 of 3
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
2B .0259. If you have any questions, please telephone Anthony Scarbraugh of the Washington
Regional Office at 252-948-3957 or Ian McMillan of the 401 Oversight/Express Unit at 919-
715-4631.
Sincerely,
For Coleeif s
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Huggett, Morehead Office
CAMA, Ron Renaldi, Elizabeth City
File copy
George Wood, Environmental Professionals, Inc,
P.O. Box 3368, Kill Devil Hills, NC 27948
Filename: 10-0174