20071322 Ver 1_Approval Letter_20070925

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
September 25, 2007
Waterside @ the Point, LLC.
Attn: Mr. Robert Farris
201 Lane Drive
Elizabeth City, NC 27909
Subject Property: Waterside @ the Point
Pasquotank Basin, Albemarle Sound, 030153, 30, SB
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Farris:
Coleen H. Sullins Director
Division of Water Quality
DWQ Project # 07-1322
Washington County
You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact
0.051 acres of waters of which 0.035 is by shading to stabilize a shoreline and construct a ten (10) slip docking
facility as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express
Review Permitting Unit on August 1, 2007. After reviewing your application, we have determined that the Division
of Water Quality (DWQ) General Water Quality Certification Number 3642 covers these water impacts. This
Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers
(USAGE). 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
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 LAMA 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 maybe 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 ZH .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:
Amount A roved (Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands 0.015 acres) non-vegetated Plat rovided with a lication
Waters 0.035 acres) Shaded Plat rovided with a lication
Buffers na (s uare ft.) na
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
North Carolina Division of Water Quality Internet: h2o,enr.State.nc.us
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAfFirmativeRction Employer - 50% Recycledl10% Post Consumer Paper
NonrthCarolina
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Applicant
Page 2 of 2
Date
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) 3642.
4. 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.
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 fmal 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. If you
have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian
McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
r
A Ho e/ up isor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Cotps of Engineers Washington Field Office
~WQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Kendall Turnage, Environmental Professionals Inc.
P.O. Box 3368 Kill Devil Hills, NC 27948
Filename: 07-1322

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 25, 2007
Mr. & Mrs. Pierce
3220 Holly Avenue
Colonial Heights, VA 23834
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 07-1369
Dare County
Subject Property: Lot #38, Water Sedge Subdivision (Parcel #030697000)
Roanoke Sound, Pasquotank River Basin
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Pierce:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.098 acres of wetlands for the purpose of residential home construction at the
subject property, as described within your application dated July 27, 2007 and received by the N.C.
Division of Water Quality (DWQ) on August 8, 2007. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631). The
Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Carps of
Engineers (USAGE). 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, and Riparian Buffer 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. 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:
Amount A roved (Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands 0.098 (acres #1
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-94b-6481
Washington, NC 27889 FAX [phone]
An Equal OpporturtitylAffirmativeRction Employer - 50% Recycled110% Post Consumer Paper
NonrthCarolina
~aturall~

Mr. & Mrs. Pierce
Page 2 of 4
September 25, 2007
Waters (acres
Buffers ~ (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 and authorized by this written
approval, including incidental impacts. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
down stream of the above structures. All devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic lifelfish kills.

Mr. & Mrs. Pierce
Page 3 of 4
September 25, 2007
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
7. 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.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
If the Division determines that such standards or laws are not being met, including failure to sustain a
designated or achieved use, or that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, then the Division may reevaluate and modify this General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certificatior, 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 wetland or
stream 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. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Roberto Scheller in the DWQ Washington Regional Office at 252-948-3940.
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Enclosures: GC 3631
Certificate of Completion

Mr. & Mrs. Pierce
Page 4 of 4
September 25, 2007
cc: Dennis Hawthorn, Costal Area Permit Assistance
U CE Washington Regulatory Field Office
WQ Raleigh Centeral Office
DLR Washington Regional Office
Doug Hugget, DCM
File Copy
Central Files
Filename: 07-1369