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HomeMy WebLinkAbout19951258 Ver 2_No Written Concurrence_20120702R% MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild P E Director July 2 2012 Dee Freeman Secretary Carteret County DWQProject# 951258V2 Coral Bay Club Inc Attn Tammy Roys PO Box 112 toAMA P""RM"m Atlantic Beach NC 28512 A Subject Property 1715 West Fort Macon Rd Atlantic Beach NO WRITTEN CONCURRENCE NEEDED Dear Ms Roys You have our approval in accordance with the attached conditions to construct and reconfigure the proposed 19 slip docking facility as described in your CAMA application dated May 22 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on May 24 2012 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 3900 (GC3900) are met This Certification allows you to use the Regional General Permit # 198000291 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) The construction of the docking facility may not cause any additional closure of shellfishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B 201(f) and 15A NCAC 02B 0221 (1) 1650 Mad Service Center Raleigh North Carolina 27699 1650 l�TorthCarohna One Phone 919 707 -86001 Internet wnNw ncdenr gov An Equal Opportunity 1 Affirmative Action Employer 50 h Recycled 110 / Post Consumer Paper �/ Coral Bay Club Inc Attn Tammy Roys DWQ Project # 95 1258V2 July 2 2012 Page 2 of 3 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 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 Mr William Carey 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 Coral Bay Club Inc Attn Tammy Roys DWQ Project # 95 1258V2 July 2 2012 Page 3 of 3 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 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7306 Enclosures GC 3900 Certification of Completion Sincerely panne Steenhuis Senior Environmental Specialist cc Alan Bailey — Blue Water Marine Construction Inc Ian McMillan DWQ 401 Oversight Unit David Timpy Corps of Engineers Wilmington Doug Huggett DCM Morehead City Heather Styron — DCM Morehead City WiRO