20041517 Ver 1_Approval Letter_20041123

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 23, 2004
Bob Peele
NC Seafood Industrial Park Authority
P.O. Box 549
Wanchese, NC, 27981
Subject Property: NC Seafood Industrial Park: Broad Creek Marina
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1517
Dare County
Approval of 401 Water Quality Certification (GC3351) with Additional Conditions
Dear Mr. Peele:
You have our approval, in accordance with the attached conditions, to cover 0.134 acres of waters to
construct a floating dock described in your application received by the Division of Water Quality (DWQ)
Wetlands/401 Unit on September 9, 2004, and in additional co espondence received October 5, 2004.
After reviewing your application, we have determined that the~ivision of Water Quality (DWQ) General
Water Quality Certification Number 3351 covers these water impacts. This Certification allows you'to
General Permit No. 198000291 when issued by the US Army Corps of Engineers (LTSACE). 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 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 Approved
(Units) Plan Location or Reference
404/CAMA Wetlands 0.134 (acres)
401 Wetlands Certification Unft
1650 Mail Service Center, Raleigh, North Carolina 27699-1650,
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina X7604
Phone: [phone] /FAX [phone] / Internet: httg://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% RecyGed/10% Post Consumer Paper

Mr. Bob Peele
Page 2 of 2
November 23, 2004
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/Wetlands 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) 3351.
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 LAMA 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 Administrativ Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions~re 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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
~~
Ala W. Klimek, P.E.
AWKlcbk
,Enclosures: GC 3351
Certification of Completion
cc: Doug Huggett, DCM
USACE Washinton Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 041517NCSeafood(Dare)401