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Home My WebLink About20140008 Ver 1_No Written Concurrence_20140218WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary February 18, 2014 Ted & Jewell Ivey 229 NC Highway 111 South Goldsboro, NC 27534 Carteret County DWQ Project #: 2014 0008 THIS IS NOT Subject Property: 1803 Highway 24, Newport NO WRITTEN CONCURRENCE NACAMA PERMIT Dear Mr. & Mrs. Ivey: You have our approval, in accordance with the attached conditions; to remove a four piling boatlift along the existing pier, replace it with a single -pole jet -ski lift and construct a second pier with a platform and 2 boatlifts /slips, as described in your CAMA application dated December 20, 2013, received by the Division of Water Resources (DWR) on December 27, 2013. After reviewing your application, we have decided these impacts 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 2H.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. Nlmington Regional office 127 cardinal Drive Extension, Wilmington, North Carolina 28405 )hone: 910 -796 -72151 FAX 910350 -20041 DENR Assistance: 1477.623 -6748 ntemet www.nc6vatmqualky.org %n Equal Opportunity %Affirmative Action Employer Ted & Jewell Ivey DWR Project # 2014 0008 February 18, 2014 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) SAVs Please note that the area surrounding the proposed pier contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the installation of the piles in the project area. 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 enclosed 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 http: / /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. Ted & Jewell Ivey DWR Project # 2014 0008 February 18, 2014 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 Sin rely, oanne Steenhuis Senior Environmental Specialist cc: Kathy Vinson — Coastal Planning Services, Inc. — electronic copy Jennifer Burdette - DWQ 401 Oversight Unit Heather Styron — DCM Morehead City Ronnie Smith - Corps of Engineers Wilmington Jonathan Howell - DCM Morehead City WiRO