20070267 Ver 1_Emails_20070221

~~F W A T~9p Michael F. Easley, Governor
G William G. Ross Jr., Secretary
~ North Carolina Department of Em~ironment and Natural Resources
~ .~
~} ~ Alan W. Klimek, P.E. Director
,~ ~ ~ ~ " Division of-Water Quality
February 22, 2007
~: Carteret County
,r ~ ~ A ' fr. ~~r ~ `' ~ ~ ; DWQ Project #: 070267
"~;x ~ _ ~ ~ ~ ~ ~ ~:
Mitchell Lewis
1296 Island Road
Harkers Island, NC 28531
Subject Property: 1296 Island Road
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Lewis:
You have our approval, in accordance with the attached conditions, to construct a rock sill
shoreline stabilization structure approximately 14' seaward of MHW that will be 12 feet long
1.5 to 2 feet high with a base width of 6 to 8 feet as you described in your drawings received in
the Wilmington Regional Office on February 15, 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 3495 are met. This certification may also be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your drawing and
project description. If you change your project, you must notify us and you maybe 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 anal
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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www ncwaterqualitr.orQ One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
,~atural~u

Page Two
Mitchell Lewis
DWQ Project #: 070267
February 22, 2007
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 Noelle Lutheran at our Wilmington Regional Office at [phone].
Sincerely,
__
='~ ~
_~ ~! ~---
/ Joanne Steenhuis
Environmental Specialist III
Enclosures
cc: Thomas Lawrence -Consultant
Ian McMillan -DWQ 401 Oversight Unit
David Timpy -Corps of Engineers Wilmington
Doug Huggett -DCM Morehead City
Tere Barrett -DCM Morehead City
WiRO
Central Files