20091302 Ver 1_No Written Concurrence_20100106

in
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 6, 2010
New Hanover County
DWQ Project #: 09 1302
Cameron Property, LLC
Attn: Mr. William Cameron
City of Wilmington
Attn: Mr. Sterling Cheatham
1201 Glen Meade Road
Wilmington, NC 28401
THIS 9S NOT
A C AMA 3??RMIT
Subject Property: Love Grove Tide Gate Breach Repairs, Wilmington
NO WRITTEN CONCURRENCE NEEDED
Dear Messrs. Cameron and Cheatham:
You have our approval, in accordance with the attached conditions, to repair the breached area
with a vertical sheet pile wall (impacting 80 sq ft of open water) and rehabilitate the shoreline
along the northern tip of the existing berm adjacent to the tide gate, as you described in your
CAMA Express application dated December 8, 2009. After reviewing your application, we
have decided this fill is below the threshold for written authorization as long as all conditions of
General Water Quality Certification Number 3687 (GC 3687) are met, which may also be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to
use Nationwide Permit 3 (NW 3) when issued by the US Army Corps of Engineers (USACE)
and CAMA permit when issued by the Division of Coastal Management (DCM). 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, and stormwater regulations.
This approval is only valid 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
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 on the following page.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www ncwaterauality orq
An Equal Opportunity/Affirmative Action Employer
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NorthCarolina
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Customer Service 1-877-623-6748
Page Two
Cameron Property, LLC
Attn: Mr. William Cameron
City of Wilmington
Attn: Mr. Sterling Cheatham
DWQ # 09 1302
January 6, 2010
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 at 2321 Crabtree
Blvd., Raleigh, NC 27604-2260.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the enclosed conditions (GC 3687) are followed.
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
myself in the Wilmington Regional Office at 910.796.7215.
Sincerely,
oanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3687
Certificate of Completion
cc:
Rob Walker - Criser Troutman Tanner Consulting Engineers
Dave Timpy - USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO