20080856 Ver 1_No Written Concurrence_20080603

Michael F. Easley, Governor
O?O?, W A T ?9QG
-. William G. Ross Jr., Secretary
5 (_' North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
June 3, 2008
Carteret County
DWQ Project #: 08 0856
LD Atlantic, LLC
Attn: Jerry Dalton
446 East Main Street
Clayton, NC 27520
Subject Property: Mill Landing Community Pier
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Dalton:
You have our approval, in accordance with the attached conditions, to temporarily impact
wetland for the installation of utilities for the proposed subdivision and construct a community
pier, as described in your CAMA EXPRESS application dated May 20, 2008. After reviewing
your application, we have decided these impacts are below the threshold for written authorization
as long as all conditions of General Water Quality Certification Number 3641 are met. This
certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use the Regional General # 198700056 and Nationwide 12 Permits
when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by
the Division of Coastal Management.
This approval is only valid for the purpose and design that is 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.riewaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpporlunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
N'oy?`1tCarolina
Naturally
Customer Service
1-877-623-6748
Page Two
LD Atlantic, LLC
Attn: Jerry Dalton
DWQ Project #: 08 0856
June 3, 2008
If you do not accept any of the conditions of this certification, 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 Ian McMillan at 919.733.1786 or Joanne
Steenhuis at our Wilmington Regional Office at 910.796.7215.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3641
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
Central Files
WiRO