20110458 Ver 1_Approval Letter_20110606

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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
June 6, 2011
DWQ Project # 11-0458
Pamlico County
Garland C Fulcher
PO Box 250
Oriental NC 28571 NOT A CAMA PERMIT
Subject Property: Fulcher's Point Pride Seafood
Raccoon Creek [NEU10 27-129-8; SC, HQW, NSW]
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Fulcher:
You have our approval, in accordance with the attached conditions, to dredge 0.40 acres of
Public Trust Area (PTA)-estuarine waters located within Raccoon Creek to -11.0 to -13.5 feet
below NWL as described in your application received by the Division of Water Quality (DWQ)
401 Oversight/ Express Review Permitting Unit on May 12, 2011. 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 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:
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpporlunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
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Page 2 of 3
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
PTA-estuarine
waters dredged 0.40 (acres) DCM Field Investigation
Report
4 "1 CA1 1 I,,!?? `: "
Wetlb c? ? t?a • . ; ;d (acres)
.,d
Waters (acres)
Buffers square ft.
1. 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.
2. Work Moratoriums
Applicant must comply with the NC Wildlife Resources Commission dredging moratorium,
and NC Division of Marine Fisheries condition that dredging may not affect coastal marsh.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3641.
4. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B
.0 124) must be adhered to throughout the life of this project.
5. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices
must be used to meet this standard.
Page 3 of 3
f
6. 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.
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 1506 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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC
2B .0259. If you have any questions, please telephone Amy Adams of the Washington Regional
Office at 252-946-6481 or Ian McMillan of the 401 Oversight/Express Unit at 919-807-6364.
Sincerely, 0WLUvQ_)
aal For Coleen H. Sullins

Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/ Express Unit -,""
DCM, Doug Hugget, Morehead Office
DCM, Roy Brownlow, Morehead Office
DLR, Washington Regional Office
File copy
Filename: 1 1-0458_FulPoi_3641-Approval/aa