20030725 Ver 5_No Written Concurrence_20070502

~~F WAT~R p Michael F. Easley, Governor
.`Q G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~i .=.t
~ -~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2007
New Hanover County
DWQ Project #: 030725 ver 2
Avalon Oaks, LLC
c/o Bruce Jackson
1821 Avalon Ave.
Wilmington, NC 28409
Subject Property: 1821 Avalon Avenue
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Jackson:
You have our approval, in accordance with the attached conditions to expand an existing private
docking facility by extending the existing pier, adding floating docks and adding boatlifts as
described in your CAIVIA Major application dated March 2, 2007. After reviewing your
application, we have decided this impact is below the threshold for written authorization as long
as all conditions of General Water Quality Certification Number 3624 are met. This
certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use the Regional General # 198700056 Permit when issued by the
US Army Corps of Engineers.
This approval is only valid for the purpose and design that you 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 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. 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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterqualit~org One
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
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Page Two
Avalon Oaks, LLC
Bruce Jackson
DWQ Project #: 030725 ver. 2
May 2, 2007
If you do not accept any of the conditions of this certification, 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.
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 919-715-4631
or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
Joanne Steenhuis
Environmental Specialist III
Enclosures
GC 3624
Certification of Completion
cc: Chris Canady -Land Management Group
Dave Timpy - USACE Wilmington
Robb Mairs -DCM Wilmington
Doug Huggett -DCM Morehead
$igi'tit
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