20120135 Ver 1_Approval Letter_20120329

Governor Director Secretary
IN
DWQ Project 4 12-0135
Beaufort County
Mr. Charles E. Slade IT
4653 Sidney Road NOT A CAMA PEEM
Belhaven, NC 27817
Subject Property: Peach Tree Campground off Hwy. 99
Tar-Pamlico River Basin, Jack Creek (TAR 07, 29-34-3 54; NSW, SC)
Approval of 401 Water Quality Certification (C# 3641) with Additional Conditions and
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259)
Authorization Certificate
Dear Mr. Slade:
You have our approval, in accordance with the attached conditions and those listed below to
impact 240 square feet of water by fill; 551 square feet of water by shading; 600 square feet of
shading of coastal wetland marsh; and 600 square feet of riparian buffer impacts from the
proposed construction of a 5' x 75' pier with 16' x 16' T --head pier, and boat ramp as described
within your application dated February 3, 2012 and received by the N.C. Division of Water
Quality (DWQ) on February 8, 2012. After reviewing your application we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3641 (GC3641). This
Certification(s) is issued inconjuction with the US Army Corps of Engineers (USACE) General
Permit(s) 198000291 and your CIA Major Permit. This letter shall also act as your buffer
authorization to impact the Tar-Pamlico Riparian Buffer for boat ramp construction. 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, and Non•discharge 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 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
North Carolina Division of Water Quality Internet: wwwnewaterqUality,or
943 Washington Square Mail Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
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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:
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:
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, • Fill of Any Kinii
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.

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4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project.
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 Oversight /Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other
toxic materials.
7. 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.
S. "Re- opener" Clause
Mr. Charles E. Slade and his authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Mr. Slade shall require his contractors (and /or
agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H .0507(d). Before modifying the
certification, DWQ shall notify the Division of Coastal Management and the US Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H .0504. Any new or revised
conditions shall be provided to the permittee in writing, shall be provided to the United States
Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project.

01�
Work Moratoriums
9. The permittee will need to adhere to all appropriate in-water work moratoriums (including the
use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources
Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service.
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 LAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
% r
wetland or stream impacts), you may ask for an adjudicatory hearing. ' Y ou must act within 60
days of the date that you receive this letter. To ask for a hea, send a
ring written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
L_
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 Roberto Schuller of the Washington
Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-
4631.
Sincerely,
in
ForC,
or Charles Wa I.
Enclosures: Certificate of Completion
GC 3641
cc: 4010versight/Express Permitting Unit
USAGE, Washington Regulatory Field Office
Doug Huggett, LAMA, Morehead City
David Moye, LAMA, WaRO
File Copy