20070127 Ver 1_No Written Concurrence_20070223

O~Q~ W A r~9pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
.~
~ "~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 23, 2007
Pender County
DWQ Project #: 070127
Elloyd McIntire
124 Pine Village Drive
Rocky Point, NC 28457
Subject Property: Grand Oaks Subdivision
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. McIntire:
You have our approval, in accordance with the attached conditions, to impact 0.05 acres of
wetlands and 52 linear feet of a stream to construct a road crossing to access the subject
property described in your application dated January 12, 2007 and additional information
received by the Wilmington Regional Office drawings received in the Wilmington Regional
Office on February 14, 2007. After reviewing your drawings, we have decided this fill is below
the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3402 are met. This certification may also be viewed on our website at
http://h2o.enr.state.ne.us/ncwetlands.
This approval is only valid for the purpose and design that you 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.
2. The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present as depicted on the jurisdictional determination map approved by the US
Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.)
must be maintained on each lot until the lot is sold.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-87723-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterquality.org NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~aturall~

Page Two
Elloyd McIntire
DWQ Project #: 070127
February 23, 2007
3. A recorded copy of the deed restrictions and the associated preservation map approved by
the US Army Corps of Engineers Wilmington Regulatory Office must be submitted to this
Office and to the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands
and the stream approved by this Certification can take place.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the Federal
404 and/or coastal Area Management Act Permit.
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 919-715-4631
or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
/~
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Joanne Steenhuis
Environmental Specialist III
Enclosures
cc: Adrian Moon -Walton Engineering
Ian McMillan -DWQ 401 Oversight Unit
Brad Shaver -Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
WiRO
Central Files