20110568 Ver 1_No Written Concurrence_20110629

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Blackwater Development Group, LLC
Attn: Ken Baucom
2723 Horse Pen Creek Rd.
Suite 105
Greensboro, NC 27410
Lawrence D. Fitzpatrick
141 Brookview Ct.
Jacksonville, NC 28540
Natural Resources
Coleen H. Sullins
Director
Dee Freeman
Secretary
Onslow County
DWQ Project #: 11-0568
June 29, 2011
Subject Property: The Quarters at Stones Bay, Sneads Ferry
NO WRITTEN CONCURRENCE NEEDED
Dear Messrs. Baucom and Fitzpatrick:
You have our approval, in accordance with the attached conditions; to permanently impact 0.081
acres of jurisdictional wetlands as described in your application dated June 9, 2011 and received by
the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on June 14, 2011. After
reviewing your application, we have decided this fill is below the threshold for written authorization
as long as all conditions of General Water Quality Certification Number 3821 (GC 3821) are met.
This Certification allows you to use the Nationwide 29 Permit when issued by the US Army Corps
of Engineers.
This approval is for the purpose and design that you 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 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www ncwateraualitv.ora
NorthCarolina
,aturali(y
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-674P
50% Recycled/ 10% Post Consumer Paper
Page Two
Blackwater Development Group, LLC
Attn: Ken Baucom
Lawrence D. Fitzpatrick
DWQ Project #: 11 0568
June 29, 2011
Conditions of Certification:
1) Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
impacted.
2) 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.
3) No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
Violations of any condition herein set forth may result in revocation of this Certification and 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.
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
Page Three
Blackwater Development Group, LLC
Attn: Ken Baucom
Lawrence D. Fitzpatrick
DWQ Project #: 11 0568
June 29, 2011
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 at 919.807.6364 or Joanne
Steenhuis at our Wilmington Regional Office at 910.796.7215.
ce ely,
oanne Steenh is
Senior Environmental Specialist
Attachment
Enclosures GC 3821
Certification of Completion
cc: Kim Williams - Land Management Group, Inc.
Ian McMillan - DWQ 401 Oversight Unit
David Bailey - USACE Wilmington
Stephen Rynas - DCM Morehead
WiRO

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