20110373 Ver 1_No Written Concurrence_20110426

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
Dear Mr. Magnum:
Carteret County
DWQ Project #: 110373
You have our approval, in accordance with the attached conditions; to add boat slips with jet-ski lifts, as
described in your CAMA application dated April 13, 2011 and received by the Division of Water
Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 18, 2011. 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. The
approved plans and specifications for this project are incorporated by reference and are an enforceable
part of the permit. 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 2H .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) 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality.or
An Equal Opportunity/Affirmative Action Employer
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April 26, 2011
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Page Two
Jeffery Magnum
DWQ Project # 1103 73
April 26, 2011
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 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 8:00 am and 5:00
pm, 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
919.807.6264 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
SinceWly,
tJ
/Joanne Steenhuis
1 Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
Page Three
Jeffery Magnum
DWQ Project # 11 0373
April 26, 2011
cc: Heather Styron - DCM Morehead City
Ian McMillan - DWQ 441 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
WiRO