20091119 Ver 1_No Written Concurrence_20091130

Aja
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
November 13, 2009
Dee Freeman
Secretary
Carteret County
McCurdy's Restaurant
Attn: Richard McCurdy
505 Atlantic Beach Causeway
Atlantic Beach, NC 28512
Subject Property: McCurdy's Restaurant Dock Work
NO WRITTEN CONCURRENCE N
Dear Mr. McCurdy:
TH 1, s P o' c • 09 1119
C A- E R IffiVu A r W"I
N T
EEDED
You have our approval, in accordance with the attached conditions; to reconfigure the existing slips, add
three new slips, associated finger piers, a boardwalk and perform maintenance dredging of the existing
basin as described in your CAMA application dated October 19, 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 (GC3687) and 3689 (GC 3689) are
met. These certifications may also be viewed on our website at http://b2o.ejir.state.nc.us/ncwet]aiids.
These Certifications allow you to use the Regional General Permits # 198700056 and 198200277 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/General Permits
expire 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality org
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Page Two
McCurdy's Restaurant
Attn: Richard McCurdy
DWQ Project #: 09 1119
November 13, 2009
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties.
Please read the General Certifications (enclosed), 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
the Wilmington Regional Office at 910.796.7215.
Sincerely,
Joanne Steenhuis
°t Senior Environmental Specialist
Enclosures
GC 3687
GC 3689
Certification of Completion
cc: Robert Webb - Turner Marine Construction
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO