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Home My WebLink About20131285 Ver 1_No Written Concurrence_20131219NC®Ek-R North Carolina Department of Environment and Natural Resources --------- - - - - -- - - - - - - -- - - -- Division of Water Resources -------- ----- - - - - -- - - - - -- - - - - - -- - - - - - -- - ---- - - - - -- Water Quality Programs - - - - - - - -- - - - -- - Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 19, 2013 Kim Quinn Pender County DWQ Project #: 20131285 PO Box 336 Kenansville, NC 28466 ��r 1:/ ll Subject Property: 804 Channel Blvd, Topsail Beach UtC 2 0 2013 NO WRITTEN CONCURRENCE NEEDED - nvAT� UAaLITY tAJdil..w�_ � ... - Dear Ms. Quinn: You have our approval, in accordance with the attached conditions; to remove the existing dock facility and construct a new residential docking facility, as described in your CAMA Express application dated December 11, 2013, received by the Division of Water Resources (DWR) on December 11, 2013. After reviewing your application, we have decided these impact's are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) 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 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 21-1.0506 (h) (6) and (7). This approval shall expire when the corresponding General 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. Nilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 2hone: 910 - 796 -72151 FAX: 910350 -20041 DENR Assistance: 1-877-623-6748 ntemet www.ncwaterquality.org kn Equal Opportunity \ Aifirmalive Action Employer Kim Quinn DWQ Project # 20131285 December 19, 2013 Page 2 of 3 Conditions -of Certification:- - -- - - -- - -- — - - - -- - - -- - - - -- - - - - - - -- - - - 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 2) The construction of the docking facility may not cause any additional closure of shellfishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 026.201(f) and 15A NCAC 02B.0221(1). 3) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httr): / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). - The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. I PC Kim Quinn DWQ Project # 20131285 December 19, 2013 Page 3 of 3 - -- Mailing address-for the_OAH: __ __ If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact me at 910.796.7306 or via e-mail at Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns. Enclosures GC 3883 Certification of Completion Toanne Steenhuis Senior Environmental Specialist cc: Gary Ange Agent — electronic copy `Jennifer Burdette - DWQ401 Oversight Unit Debra Wilson — DCM Wilmington Ronnie Smith - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City WiRO