20130062 Ver 1_Approval Letter_20130206

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
February 6, 2013
Newman Family, LLC.
Mr. Dell A. Newman
PO Box 101
Swan Quarter, NC 27885
Natural Resources
Subject Property: Newman Seafood
Swanquarter Bay [TAR08, 29 -49, SA, HQW]
John E. Skvarla, III
DWQ Project # 13 -0062
Beaufort County
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Newman:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.03 acres of wetland by fill for the purpose of creating
highground for storage of commercial fishing equipment and 0.05 acres of waters by dredging
for maintenance of a man made canal at the subject property, as described within your CAMA
Major application dated January 18, 2013 and received by the N.C. Division of Water Quality
(DWQ) on January 18, 2013. 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. 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 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).
North Carolina Division of Water Quality Intemet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper Naturally

Newman Family, LLC.
Mr. Dell A. Newman
Page 2 of 3
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. Work Moratorium
The Permittee shall adhere to all appropriate in -water work moratoriums 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.
Amount Approved
(Units)
Plan Location or Reference
404 Wetlands
0.03 acres
Application Drawings
Waters
0.05 acres
Application Drawings
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. Work Moratorium
The Permittee shall adhere to all appropriate in -water work moratoriums 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.

Newman Family, LLC.
Mr. Dell A. Newman
Page 3 of 3
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 Anthony Scarbraugh of the Washington
Regional Office at 252 - 948 -3924 or Karen Higgins of the Wetlands, Buffers, Stormwater,
Compliance and Permitting (Webscape) Unit at 919 - 807 -6360.
Sincerely,
ahmo"'--
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For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Raleigh Bland, Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Steve Trowell
DEMLR, WaRO
File copy
File: 13- 0062_Newman Seafood _3900_approval /as