20110404 Ver 1_No Written Concurrence_20110531

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 31, 2011
Dare County
DWQ Project #: 11-0404
Pasquotank County
Michael Cox
PO Box 39
Elizabeth City NC 27909
Subject Property: TowneBank Southern Shores
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Cox:
You have our approval, in accordance with the attached conditions, to impact 0.02 acres
of wetlands or waters for the purpose of constructing a commercial banking facility as
you described in your application dated Apri125, 20011. This fill is below the threshold
for,written authorization as long as all conditions of General Water Quality Certification
Number 3821 are met, which may be viewed on our website at
httn://h2o.enr.state.nc.ushlcwetlands.
This approval is only valid for the purpose and design that you described in your
application except as modified below. 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 wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. For this approval to be valid, you must. follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1. No Impacts Beyond those in Application
North Cazolina Division of Water Quality Internet: www_n.cwatcrc~ity.org One
943 Washington Squaze Mall Phone: [phone] NorthCarolina
Washington, NC 27889 FAX [phone] /
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper ~/j'~~ 3'~/~~/ ~/

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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.
2. Certificate of Completion
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality
3. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NCDENR Wetlands Trust Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into the fund. You have 60 days from the
date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the NCDENR Wetlands Trust
Fund to meet the following compensatory mitigation requirement:
Type of
Im act Compensatory Mitigation
Re wired River and Sub-basin Number
Stream (linear feet)
Wetlands 0.25 (acres) PAS; 03010205
Waters (acres)
Riparian
Buffer (square feet)
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal
404 and/or Coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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.

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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 Amy Adams at 252-
948-3917 or Ian Mcmllian of the Central Office at 919-807-6364.
Sincerely,
~~~
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Washington Regional Office
Enclosures: GC 3821
Certificate of Completion
cc: Josh Pellitier USACE Washington Field Office
Ian McMillan, DWQ 401 WBSCAP Unit
DWQ Washington Regional Office File copy
DCM, Elizabeth City
Central Files
Brian Rubino, Quible & Assoc., P.C. PO Drawer 870 Kitty Hawk NC 27949
Kelly Williams, NCEEP
Filename: 11-0404_Townebank NWC_Approval/aa