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Home My WebLink About20120139 Ver 1_No Written Concurrence_20120220HU®IER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary February 20 2012 Carteret County � NC State University Project # 12 0139 verslty CMAST OT Department of Biology Attn Jeffery A Buckel 303 College Circle Morehead City NC 28557 Subject Property PVC Fish Antennae for Scientific Study, on Lennoxville Rd, Beaufort NO WRITTEN CONCURRENCE NEEDED Dear Mr Buckel You have our approval in accordance with the attached conditions to place the proposed PVC antennae structures and control kiosk in a tributary on Lennoxville Road as described in your CAMA application dated February 7 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on February 9 2012 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 Nationwide Permit 5 (NW 5) 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 1650 Mall Service Center Raleigh North Carolina 27699 1650 One Phone 919 707 -8600 \Internet www ncdenr gov 1VorthCarollna Naft(ridly An Equal Opportunity \ Affirmative Action Employer 50 / Recycled 110 / Post Consumer Paper NC State University CMAST Department of Biology Attn Jeffery A Buckel DWQ Project # 12 0139 February 20 2012 Page 2 of 3 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 (919) 733 2698 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 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7215 roanne Steenhuis Senior Environmental Specialist Enclosures NC State University CMAST Department of Biology Ann Jeffery A Buckel DWQ Project # 12 0139 February 20 2012 Page 3 of 3 GC 3687 Certification of Completion cc Ian McMillan DWQ 401 Oversight Unit David Timpy Corps of Engineers Wilmington Doug Huggett DCM Morehead City Heather Styron DCM Morehead City W iRO