20090880 Ver 2_Approval Letter_20121128

A4Q
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
NC Division of Marine Fisheries
Mr. Harry Hardy
Post Office Box 769
Morehead City, NC 28557
Charles Wakild, P.E.
Director
November 28, 2012
Natural Resources
Dee Freeman
Secretary
DWQ Project # 09 -0880 Ver.2
Hyde County
Subject Property: Long Shoal, Raccoon Island, and Croatan Sound Oyster Sanctuaries
Neuse, Pasquotank and Tar -Pam River Basins
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Hardy:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 21.5 acres of open waters for the purpose of creation and expansion of oyster
reefs at Long Shoals, Raccoon Island and Croatan Sound (existing reef). The proposed project consist of
installing 12 clusters of pre- fabricated concrete reef structures consisting of Reef Balls, Florida Reefs,
Reef Cones or the like at the existing Croatan Sound Sanctuary within a 1.5 acre deployment area.
Creation of an oyster sanctuary at Long Shoal, within a 10 acre deployment area, consisting of 78 clusters
of pre- fabricated concrete reef structures consisting of Reef Balls, Florida Reefs, and Reef Cones or the
like. Creation of oyster sanctuary at Raccoon Island, within a 10 acre deployment area, consisting of 76
clusters of pre- fabricated concrete reef structures consisting of Reef Balls, Florida Reefs, and Reef Cones
or the like, and deployment of limestone marl and the use of reinforced concrete pipe as described within
your CAMA Major application dated September 27, 2012 and received by the N.C. Division of Water
Quality (DWQ) on October 1, 2012. 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 (USACE). This Certification allows you to use the CAMA Major Permit when the
Division of Coastal Management issues it. Please note that this Certification (GC 3900) shall
supersede any and all Certifications issued for the subject project. 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualiW., rg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Long Shoal, Raccoon Island, and Croatan Sound Oyster Sanctuaries
NC Division of Marine Fisheries
Mr. Harry Hardy
Page 2 of 3
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 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) 3900.
3. 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.
4. All materials to be deployed as reef material shall be free of any petroleum contamination and shall
not result in a surface sheen upon deployment.
5. Reef material shall be placed in such a manner to avoid any existing shellfish resources. It is also
required that placement of reef material shall not impact Submerged Aquatic Vegetation (SAV) beds.
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.
Amount Approved Units
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
acres
Waters
21.5 (acres) Reef Area
Application Reef Maps
Buffers
(square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. 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.
4. All materials to be deployed as reef material shall be free of any petroleum contamination and shall
not result in a surface sheen upon deployment.
5. Reef material shall be placed in such a manner to avoid any existing shellfish resources. It is also
required that placement of reef material shall not impact Submerged Aquatic Vegetation (SAV) beds.
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.

Long Shoal, Raccoon Island, and Croatan Sound Oyster Sanctuaries
NC Division of Marine Fisheries
Mr. Harry Hardy
Page 3 of 3
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 Roberto Scheller of the Washington Regional Office at 252 -948-
2940 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit
at 919 - 807 -6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Corps of Engineers, Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, David Moye
File copy