20090786 Ver 1_No Written Concurrence_20090810

Aja
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
August 10, 2009
Pender County
DWQ Project #: 09 0786
Town of Topsail Beach
Attn: Charles Derrick
820 South Anderson Blvd.
Topsail Beach, NC 28445
T
Subject Property: Topsail Beach Bush Marina ° Ww T
Au
NO WRITTEN CONCURRENCE NE E
'- RMi
Dear Mr. Derrick:
You have our approval, in accordance with the attached conditions; to replace the existing municipal
boat ramp in the existing footprint as described in your CAMA application dated July 16, 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 Number 3687 (GC3687)
are met. This certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands.
This Certification allows you to use the Regional General # 197800125 Permit 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 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 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 One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] /FAX: [phone] Natunally
Internet: vvvvw.ncwaterq-uality.org
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
Page Two
Town of Topsail Beach
Attn: Charles Derrick
DWQ Project #: 09 0786
August 10, 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,
Joanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Jon Giles - DCM Wilmington
WiRO