20121020 Ver 1_Approval Letter_20121116

jA NOT A LAMA PERMIT
NCDEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Foster's Seafood
Mr. Ernest F. Foster
220 Loop Road
Belhaven, NC 27810
Charles Wakild, P.E.
Director
November 16, 2012
Dee Freeman
Secretary
DWQ Project # 12 -1020
Beaufort County
Subject Property: Duck Creek Dock Project
Tar - Pamlico River Basin, Duck Creek (TAR 07,
29- 34 -34 -6; NSW, SC)
Approval of 401 Water Quality Certification (GC3900) and Authorization
Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B
.0259) with Additional Conditions
Dear Mr. Foster:
You have our approval, in accordance with the attached conditions and those listed below
to impact 0.034 acres (1,500 square feet) of open waters by shading for construction of 3
—100 foot long piers, 100 foot breakwater attached to pier, 0.007 acres of fill for
bulkhead replacement, and installation of 8' by 290' boardwalk for used as staging area
for crabbing operations that will shade 2320 square feet of buffer as described within
your CAMA Major application dated October 24, 2012 and received by the N.C. Division
of Water Quality (DWQ) on November 1, 2012. It was noted that the unimproved
driveway is existing and placement of gravel will not count as buffer impacts or
additional impervious surface. The impacts described in your application are covered by
General Water Quality Certification Number(s) 3900 (GC3900). 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 (USAGE). This Certification allows you to
use the CAMA Major Permit when the Division of Coastal Management issues it. This
letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .0259 as a result of construction activities.
In addition, you should obtain or otherwise comply with any other federal, state and local
North Carolina Division of Water Quality Intemet: www.ncwatemuality.org
943 Washington square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper AaAmaliff

Foster's Seafood Dock Project
November 16, 2012
Page 2of3
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:
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. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3900.
Amount Approved
Units
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
Waters
0.034 (acres) shading
0.007 (acres) fill
Plan Drawing 1 of 1
Buffers
2,320 (square ft.)
shading
64 "
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3900.

Foster's Seafood Dock
November 16, 2012
Page 3 of 3
4. Work Moratoriums
The permittee is required 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 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.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act and the Neuse riparian buffer protection rule as described within
15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of
the Washington Regional Office at 252 -948 -3940 or Karen Higgins of the Wetland,
Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807 -6360.
Sincerely,
a,�j ae&�
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Tracey Wheeler, Corps of Engineers, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye, WaRO
DLR, WaRO
File copy
File: 12-1020