20180641 Ver 1 - 401_Authorization_Letter - 6/11/2018

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Water Resources
Environmental Quality
Cape Hatteras Oyster, Inc.
Attn: Mr. Bill Belter
PO Box 1016
Buxton, NC 27920
NOT A LAMA PERMIT
June 11, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 18-0641
DARE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
CAPE HATTERAS OYSTER COMPANY (47382 ROCKY ROLLINSON ROAD, BUXTON)
Dear Mr. Belter:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification
request. DWR issues approval in the form of a Water Quality Certification (WQC) 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 accordance with the attached General Certification #4144 (GC 4144), the impacts described in your
application do not require written authorization to utilize GC 4144. However, you are required to follow
the conditions listed in the attached certification. 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.
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). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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: if sending via delivery service (UPS, FedEx,
etc.):
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
CAPE HATTERAS OYSTER, INC.
DWR# 14-1082 V2
401APPROVAL
Page 2 of 2
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraueh(@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Z'tT+-� 1
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Cynthia Rountree, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
File
Doug Dorman, Atlantic Environmental Consultants, LLC. (via email: [e-mail])