20110575 Ver 1_No Written Concurrence_20110804

AAA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Summerwalk Development, LLC
Mr. Howard Penton
6105 Oleander Drive, Suite 201
Wilmington NC 28403
DWQ Project # 11-0575
New Hanover County
Subject Property: Summerwalk
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Penton:
Dee Freeman
Secretary
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.1524 acres of 404 wetlands to construct a mixed use development as described within
your application received by DWQ on June 15, 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 3821 (GC3821) are met. These certifications
may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification
allows you to use the Nationwide 29 Permit when issued by the US Army Corps of Engineers.
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 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.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-674(i1
Internet: www ncwaterquality.org
An rgnaf Gppntkimty', Afrmmauve Ac! ion rnr;4)ysr
Division of Water Quality
Coleen H. Sullins
Director
August 4, 2011
One
Norti-iCarol ina
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Summerwalk
New Hanover
2011-0575
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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.
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.
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 [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,
c4i4?
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3821
Certificate of Completion
cc: Kim Williams - Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Emily Hughes - USACE Wilmington Field Office
Ian McMillan - Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
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