20081664 Ver 1_Approval Letter_20081231

of WATF9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
December 31, 2008
DWQ Project # 08-1664
Tyrrell County
Brandy Basnight
Waverly Phelps
PO Box 1418
Manteo, NC 27954
Subject Property
40 North Bay Drive
Bulls Bay, Pasquotank Basin, 030153, 30-14, SB
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.031 acres of waters to construct a bulkhead as described in your application received
by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on November
11, 2008. 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
(USACE). 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
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
Amount Approved Units Plan Location or Reference '
Stream na (feet) na
404/CAMA Wetlands na (acres) na
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCuohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
B asnight-Phelps
Page 2 of 2
12/31/08
Waters 0.031 (acres) Plat provided with a lication
Buffers na (square 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 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.
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.
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 Kyle Barnes of the Washington Regional Office at 252-948-3917 or
lan MeMillan of the 401 Oversight/Express Unit at 919 715 463 1.
Sincerely,
for Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
C'AMA, WaRO
t e copy
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PO Drawer 870, Kitty Hawk, NC 27949