20110908 Ver 1_Approval Letter_20111020

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 20, 2011
DWQ Project#2011 0908
Carteret County
National Park Service
Cape Lookout National Seashore
Attn: Patrick Kenney, Superintendent
131 Charles Street
Harkers Island,NC 28531
Subject Property: Long Point Boat Basin,Cape Lookout National Seashore
Approval of 401 Water Quality Certification with Additionai Conditions
Dear Mr. Kenney:
You have our approval, in accordance with the attached conditions and those listed below to conduct maintenance
dredging of the existing boat basin and install two sections of bulkhead and install mooring pilings, as described
in your PCN application dated October 11, 2011 and received by the Division of Water Quality (DWQ)in the
Wilmington Regional Office (WiRO)on October H, 2011 and additional information received on October 13,
2011. After reviewing your application,we have decided that the impacts are covered by General Water Quality
Certification Numbers 3698 (GC 3698), 3700(GC 3700)and 3689(GC3689). These Certifications allow you to
use the 404 permit when issued by the US Army Corps of Engineers. In addition,you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project including
(but not limited to)Erosion and Sediment Control, Non-discharge, and stormwater regulations. 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 permit.
This approval is for the purpose and design that you described in your application. The approved plans and
specifications for this project are incorporated by reference and are an enforceable part of the permit. 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 on the following pages.
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:
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone]/FAX:[phone]
Internet: www.ncwaterauality ora Na&ild4An Equal Opportunity/Affirmative Action Employer Customer Service 11-8777-623-6748
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Page Two
National Park Service
Cape Lookout National Seashore
Attn: Patrick Kenney, Superintendent
DWQ Project# 110908
October 20, 2011
Amount Approved(Units) Plan Location or Reference
Open Waters (dredged) 11,000 sq ft 0.25 ac Option 2 (attached)
Coastal wetlands N/A
404/401 wetlands N/A
2. No Waste, Spoil, Solids, or Fill of Any Kind
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 application. 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.
3. 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. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
4. Moratoriums
All moratoriums on dredging activities established by the NC Wildlife Resources Commission(WRC),
US Fish and Wildlife Service (USFWS),NC Division of Marine Fisheries(DMF), or the National Marine
Fisheries Service(NMFS)to protect trout, anadromous fish, larval/post larval fishes and crustaceans, or
other aquatic species of concern shall be obeyed. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
5. 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/Wetlands 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.
If you wish to contest any conditions in the enclosed certification(associated with the approved wetland or waters
impacts)you must file a petition for an administrative hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty
(30)days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings

• Page Three
National Park Service
Cape Lookout National Seashore
Attn: Patrick Kenney, Superintendent
DWQ Project# 11 0908
October 20, 2011
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The
original and one(1)copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
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 Ian McMillan in the Central Office in Raleigh at 919.807.6364 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Cdl�en> . Sullins,Director
y Division of Water Quality
Attachment
Enclosures: GC 3698
GC 3700
GC 3689
Certificate of Completion
cc: David Timpy -USACE Wilmington Regulatory Field Office
Ian McMillan-DWQ 401 Unit
Stephen Rynas -DCM Morehead City
WiRO

Option 2
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