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HomeMy WebLinkAbout20110373 Ver 1_No Written Concurrence_20110426NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Coleen H. Sullins Director Dee Freeman Secretary Dear Mr. Magnum: Carteret County DWQ Project #: 110373 You have our approval, in accordance with the attached conditions; to add boat slips with jet-ski lifts, as described in your CAMA application dated April 13, 2011 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 18, 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. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwaterauality.or An Equal Opportunity/Affirmative Action Employer 50% Recycled/ 10% Post Consumer Paper April 26, 2011 NorthCarolina Natumllff Customer Service 1-8?7-623-6748 Page Two Jeffery Magnum DWQ Project # 1103 73 April 26, 2011 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. 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: (919)-733-2698, 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. SinceWly, tJ /Joanne Steenhuis 1 Senior Environmental Specialist Enclosures GC 3687 Certification of Completion Page Three Jeffery Magnum DWQ Project # 11 0373 April 26, 2011 cc: Heather Styron - DCM Morehead City Ian McMillan - DWQ 441 Oversight Unit David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City WiRO