20021590 Ver 2_No Written Concurrence_20090504

AF A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 4, 2009
Brunswick County
DWQ Project #: 02 1590 V2
Oyster Harbour LLC TF1 b3; Attn: Dan Evans , ?' ` NOT
3363 Stone Crab Ct. SW A
A h"m
Supply, NC 28462 IT
Subject Property: Oyster Harbour, Supply
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Evans:
You have our approval, in accordance with the attached conditions, to perform maintenance dredging at the boat
ramp and docking facility and construct two additional floating fingers and relocate 5 existing pilings, as
described in your CAMA Express application dated April 3, 2009. 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 Numbers 3687 (GC 3687) and 3698 (GC 3698) are met. These certifications may also be
viewed on our website at ht112://h2o.enr.state.nc.us/ncwetlands. These Certifications allows you to use the
Regional General # 198700056 and #198200277 Permits when issued by the US Army Corps of Engineers and
the CAMA Major 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 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 Nationwide 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.
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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer
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Customer Service 1-877-623-6748
Page Two
Oyster Harbour LLC
Attn: Dan Evans
DWQ Project #: 02 1590 V2
May 4, 2009
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. 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 at 919.733.1786 or Joanne Steenhuis at our Wilmington
Regional Office at 910.796.7215.
/ Sincerely,
oanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3687
GC3698
Certification of Completion
cc: Mike Conard - Carolina Marine Construction, Inc.
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO