20100580 Ver 1_No Written Concurrence_20100804

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
August 4, 2010
Betts Family, LLC
Attn: Don Betts
613 East Vance Street
Pender County
DWQ Project #: 10 0580
T n N n mum
Fuquay Varina, NC 27526
Subject Property: 1514 Carolina Boulevard, Topsail Beach
NOWRITTEN CONCURRENCE NEEDED
Dear Mr. Betts:
You have our approval, in accordance with the attached conditions; to construct a 5-slip docking facility, as
described in your CAMA application dated July 19, 2010 and received by the Division of Water Quality (DWQ)
in the Wilmington Regional Office (WiRO) on July 19, 2010. 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 3687 (GC3687) are met. This Certification allows you to use the Regional General Permit
# 198700056 when issued by the US Army Corps of Engineers and your 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 these Certifications 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 21-1.0506 (h) (6) and (7). This approval shall expire when
the corresponding Nationwide/General Permits expire 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) The construction of the facility may Not cause a closure of the surrounding shellfishing waters.
2) 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. 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.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] /FAX: [phone] Naturallff
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer Customer Service 1-87-7-623-6748
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Page Two
Betts Family, LLC
Attn: Don Betts
DWQ Project #: 10 0580
August 4, 2010
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters
impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty
(30) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 in the Central Office in Raleigh at 919.733.1786 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
ZJoanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Hal Fogleman - Allied Marine Construction
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Holly Snider - DCM Wilmington
W iRO