20111123 Ver 1_No Written Concurrence_20120113

o
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
January 13, 2012
Carteret • rte C IS NOT Elbert Austin Guthrie
527 Cedar Point Blvd
Cedar Point, NC 28584 A CAMA PEORMIT
Subject Property: 517 Cedar Point Blvd, Cedar Point
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Guthrie:
You have our approval, in accordance with the attached conditions; to construct 6 residential buildings
and associated infrastructure and a 6' X 44' fixed pier with a 6' X 16' fixed T -head to be used for
fishing/crabbing with no proposed slips, as described in your CAMA application dated December 21,
2011 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO)
on December 28, 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 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 21-1.0506 (h) (6) and (7). This approval shall expire on the day when
the corresponding Nationwide /General Permits 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 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.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location. 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet. www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
NattmAll

Elbert Austin Guthrie
517 Cedar Point Blvd.
January 13, 2012
Page 2 of 3
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.
Sincerely,
Joanne �)teennuis
Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
r

Elbert Austin Guthrie
517 Cedar Point Blvd.
January 13, 2012
Page 3 of 3
cc: Susan Sayger — Ksmj Engineering, Pllc
Heather Styron — DCM Morehead City
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
W iRO