20110482 Ver 1_No Written Concurrence_20110609

NI-KITA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins Dee Freeman
Director Secretary
June 9, 2011
Dare County
DWQ Project #: 1 1-0482
Intercon, Inc.
Gary Oliver
8901 Old Oregon Inlet Rd.
Nags Head NC 27959
Subject Property: Outer Banks Fishing Pier
Atlantic Ocean [99-(7), SB]
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Oliver:
NOT A CAMA PERMIT
You have our approval, in accordance with the attached conditions, to impact 669 sq. ft
(0.015 acres) of waters from shading for the purpose of expanding the existing pier house
with an 20'x 34' enclosed addition and a new 5' x41' walkway and expanded decking
on the east side of the pier house as you described in your application dated May 9,
2011. This fill is below the threshold for written authorization as long as all conditions of
General Water Quality Certification Number 3641 are met, which may be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands.
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:
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
North Carolina Division of Water Quality Internet: N-vN? A_ncv`atcrquaht?,org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Aaturallpr
Page 2 of 2
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.
Violations of any )d?tic ? rein set forth may result in revocation of this Certification
an "i'6y.r oj. }C-r' m4 a?4n'd/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.
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 of the
Regional Office at 252-948-3917 or Ian Mcmillan of Central Office at 919-807-6364.
Sinc rely,
L
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Attachments: General Certification (GC) 3641
Certificate of Completion
cc: USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
DWQ Washington Regional Office File copy
Doug Huggett, DCM Morehead City
Frank Jennings, DCM Elizabeth City
Central Files
Filename: 1 1-0482_OBXFishingPier_3641 Approv/aa