20091349 Ver 1_No Written Concurrence_20100107

North Carolina
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
January 7, 2010
Ann Shuler
PO Box 56
Swansboro, NC 28584
Onslow County
DWQ Project #: 09 1349
THIS IS NOT
Subject Property: 137 Front Street, Swansboro = M #1 F
NO WRITTEN CONCURRENCE NEEA 0"" A .. mmpaq 3"ERMIT
Dear Ms. Shuler:
You have our approval, in accordance with the attached conditions; to construct a commercial dock with
7 boat slips, as described in your CAMA application dated December 29, 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. These
Certifications allow you to use the Regional General Permit # 198700056 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
Ann Shuler
DWQ Project #: 09 1349
January 7, 2010
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 Certification (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
Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Charles Rawls - Charles A. Rawls & Associates, PA
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Barry Guthrie - DCM Morehead City
WiRO