20120129 Ver 1_Approval Letter_20120330

March 30, 2012
DWQ Project # 12 -0129
Dare County
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Kotch:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within 27 square feet of waters and otherwise impact 208 square
feet (0.004 acres) of waters from shading and for the purpose of constructing a finger
pier, six boat slips and 16 seasonal moorings at the subject property, as described within
your CAMA Major application dated December 7, 2011 and received by the N.C.
Division of Water Quality (DWQ) on February 8, 2012. The impacts described in your
application are covered by General Water Qualify Certification Number(s) 3641
(GC3641). This Certification(s) is issued in conjunction with the CAMA Major Permit and
General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. 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 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.
Approved plans and specifications for this project are incorporated by reference and
are enforceable parts 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
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone] one
Washington, NC 27889 FAX [phone] NorthCarofiina
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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:
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:
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. 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.
4. Shellfish Sanitation Restrictions
Applicant must restrict the number and size of boats as required by Shellfish
Sanitation Section to avoid a shellfish closure in accordance with 15A NCAC 18A
.0911. Marina must be maintained at less than 30 slips, no boats over 24 feet in
length, no boats with heads, and no boats with cabins. Signage or other devices
should be utilized to maintain compliance with this condition. In addition, the marina
owner must submit quarterly reports to the Shellfish Sanitation Section.
Amount Approved
Units
Plan Location or
Reference
Stream
feet
404 /CAMA
Wetlands
(acres)
Waters
0.004 acres
CAMA Major Application
Buffers
(square ft.
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. 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.
4. Shellfish Sanitation Restrictions
Applicant must restrict the number and size of boats as required by Shellfish
Sanitation Section to avoid a shellfish closure in accordance with 15A NCAC 18A
.0911. Marina must be maintained at less than 30 slips, no boats over 24 feet in
length, no boats with heads, and no boats with cabins. Signage or other devices
should be utilized to maintain compliance with this condition. In addition, the marina
owner must submit quarterly reports to the Shellfish Sanitation Section.

Page 3 of 3
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.
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 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 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- 948 -3917 or Karen Higgins of the 401 Wetlands,
Buffers, Stormwater, Compliance and Permitting Unit at 919 - 807 -6360.
A, ncerel L6do L_.
For Charles W, P.
Enclosures: Certificate of Completion
GC 3641
cc: Doug Dorman, Atlantic Environmental Consultants PO Box 3266 Kitty
Hawk, NC
Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Frank Jennings, Elizabeth City District Office
File copy
Rename: l2- 0129_SunsetGrill_3641 /aa