20121029 Ver 1_Approval Letter_20121217 (2)

A'*A Nora CAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Fosters Seafood
Mr. Ernest F. Foster
220 Loop Road
Belhaven, NC 27810
Charles Wakild, P.E.
Director
December 17, 2012
Dee Freeman
DWQ Project ## 12 -1029
Beaufort County
Subject Property: 220 Loop Road, Wrights Creek
Tar - Pamlico River Basin, Wrights Creek [TAR 07, 29- 34 -49; NSW,
SA, HQW]
Approval of 401 Water Quality Certification (GC3900) and Authorization
Certificate per the Tar 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 place fill within or otherwise impact 0.027 acres of open water by shading and
0.006 acres of open water impact by fill for the purpose of construction of 12' x 20' boat
ramp with paved approach, 5' x 165' dock around perimeter of manmade basin, 5' x 70
dock into Wrights Creek and 14' x 24' ice room (336 Square feet) within the riparian
buffer at the subject property, as described within your LAMA Major application dated
October 11, 2012 and received by the N.C. Division of Water Quality (DWQ) on
November 7, 2012. The impacts described in your application are covered by General
Water Quality CertifcationNumber(s) 3900 (GC3900). This Certification(s) is issued in
conjunction with the CAMA Major Permit and General Permits) 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 2B .0259. In addition, you should get or otherwise
comply with any other federal, state and local requirements before you go ahead with
your project including (but not limited to) erosion and sediment control regulations and
LAMA. Also, this approval to proceed with your proposed impacts or to conduct
North Carolina Division of Water Quality Internet: www.ncwater uality.org
943 Washington Square Mail Phone: [phone] One
Washington, NC 27889 FAX [phone] NOfthCarollna
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper ,/atura!!ry

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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.
4. Buffer Impacts
Review of aerial photographs show that current uses were existing and on -going as of
January 1, 2000. Therefore, the area around the manmade basin is exempt from
riparian buffers in accordance with 15A NCAC 02B .0259 (3)(b).
Amount Approved
(Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
acres
Waters
0.027 (acres) Shading
0.006 acres fill
Application
Buffers
(square ft.)
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.
4. Buffer Impacts
Review of aerial photographs show that current uses were existing and on -going as of
January 1, 2000. Therefore, the area around the manmade basin is exempt from
riparian buffers in accordance with 15A NCAC 02B .0259 (3)(b).

Page 3 of 3
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 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 -3940 or Karen Higgens of the
Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807-
6364.
Sincerely,
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, WaRO
DEMLR, WaRO
File copy
File: 12-1029