20110322 Ver 1_No Written Concurrence_20110419

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
April 19, 2011
New Hanover County
DWQ Project #: 11 0322
John Armstrong
21 Bahama Drive
Wrightsville Beach, NC 28480
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Subject Property: 21 Bahama Drive, Wrightsville Beach
NO WRITTEN CONCURRENCE NEE " i . , .
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Dear Mr. Armstrong:
You have our approval, in accordance with the attached conditions; to shorten your existing docking facility,
extend the floating platform and add a boat lift, as described in your CAMA application dated April 6, 2011 and
received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 7, 2011.
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 allows 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. The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the
permit. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the
404 or CAMA Permit.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
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Page Two
John Armstrong
DWQ Project # 11 01322
April 19, 2011
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters
impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty
(30) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 in the Central Office in Raleigh at 919.807.6264 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
for Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Ed Flynn - F&S Marine Contractors, Inc.
Steve Everhart - DCM Wilmington
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
WiRO