20201106 Ver 1_No Written Concurrence_20201026

October 22, 2020

DWR # 2020-1152
Pender County
Karl Jiricek
245 Trials End Road
Rocky Point, NC 28457

Subject: No Written Approval Required
7950 Old River Road
Burgaw, Pender County

Dear Mr. Jiricek:

The Division of Water Resources (DWR) has received a copy of your CAMA Major permit
application request dated received by this office on September 28, 2020. The application
proposes to construct a driveway crossing for a single-family residence. As proposed, the
driveway crossing would permanently impact approximately 5,968 square feet of wetlands and
37 linear feet of stream and temporary impacts to approximately 305 square feet of wetlands and
15 linear feet of stream. The wetlands and stream are adjacent to the Northeast Cape Fear River
the waters in this location are classified as C:SW by DWR. DWR issues approval in the form of
a Water Quality Certification (WQC) in conjunction with the Nationwide Permit 29 issued by the
US Army Corps of Engineers (USACE). This Certification allows you to use the Nationwide Permit
29 when issued by the US Army Corps of Engineers.

In accordance with the attached General Certification #4139 (GC 4139), the impacts described in
your application do not require written authorization to utilize GC 4139. However, you are required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.

This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/
or by calling the OAH Clerk’s Office at [phone] for information.

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).

The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
DocuSign Envelope ID: 9DF95163-7E84-47D6-BB00-45CF56EC3C83

DWR # 2020-1106
October 22, 2020

Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water. Please
contact Holley Snider at 910-796-7304 or [e-mail] if you have any questions or
concerns.

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Enclosures: GC 4139

cc: Emily Greer, USACE Wilmington Regulatory Field Office, EC
Dana Lutheran, Consultant, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

DocuSign Envelope ID: 9DF95163-7E84-47D6-BB00-45CF56EC3C83