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Home My WebLink About19961026 Ver 2_Approval Letter_201509174 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 17, 2015 Donald R. van der Vaart Secretary DWR # 95 -1026 Ver. 2 Dare County Mr. Willie R. Etheridge Willie R. Etheridge Seafood Co., Inc. Post Office Box 77 Wanchese, NC 27981 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: Etheridge Seafood Co., Inc., 4419 Mill Landing Road Pasquotank River Basin, Mill Creek [PAS 54, 30 -1; SC] Dear Mr. Etheridge: You have our approval for the impacts listed below for the purpose described in your application signed and dated August 26, 2015, and received by the Division of Water Resources (Division) on September 3, 2015. 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 requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Division of Water Resources —Water Quality Regional Operations Section —Washington Regional Office 943 Washington Square mall, Washington, NO 27889 Phone: 252 - 946-6481 1 FAX: 252- 975 -3716 Internet: http : / /portal.nGdenr.org/web/wq /ws An Equal Opportunity 1 Affirmative Action Employer Mr. Willie R. Etheridge Willie R. Etheridge Seafood Co., Inc. September 17, 2015 Page 2 of 3 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Site 1 (linear feet) 404/401 Wetlands Site 1 (acres) (acres) Coastal Wetlands Site 1 (acres) (acres) Open Waters Site 1 0.63 (acres) Fill (acres) 1 Buffers —Zone 1 Site 1 (square feet) (square feet) Buffers — Zone 2 Site 1 (square feet) (square feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification /Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during I Mr. Willie R. Etheridge Willie R. Etheridge Seafood Co., Inc. September 17, 2015 Page 3 of 3 normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Roberto Scheller by phone at 252- 948 -3940 if you have any questions or concerns. Sincerely, David May u Regional Supervisor Division of Water Resources Enclosures: GC 3900 Certification of Completion cc: Josh Pelletier, USACE, Washington Regulatory Field Office Karen Higgins, Central Office Laserfiche File RUNERIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary DWR Project No: Applicant: Project Name: 401 Water Quality Certification Issued Date: County: 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 this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Division of Water Resources -401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 9IM07-63001 FAX: 91H07 -6492 Internet: vnwv.ncvyaterqualitycrg An Equal Opportunity I Affirmative Action Employer —Made in part by recycled over