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Home My WebLink About20120740 Ver 1_No Written Concurrence_2012090444t • '� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld, P. E. Dee Freeman Governor Director Secretary September 4, 2012 DWQ Project # 12 -0740 New Hanover County Mr. James Whelan Ms. Kristin Jones 9233 Fawn Lake Drive Raleigh NC 27617 Subject Property: 1729 Futch Creek Road — Wilmington, NC NO WRITTEN CONCURRENCE NEEDED Dear Mr. Whelan and Ms. Jones, You have our approval, in accordance with the attached conditions and those listed below, to impact 15 square feet of 404 wetlands to construct a new bulkhead waterward of an existing one and to construct a new private docking facility as described within your application received by DWQ on August 2, 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 Numbers 3885 (GC3885) are met. These certifications may also be viewed on our website at http• / /i)oital.ncdem orU web /wg /sn /ws /40t /certsandpermits This Certification allows you to use the Nationwide 13 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. 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. 1617 Mad Service Center, Raleigh, North Carolina 27699 -1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone. 919 - 807 -6300 \ FAX 919 -807 -6492 \ Customer Service 1.877- 623 -6748 Internet www ncwaterouality oy An Equal Opportunity \ Affirmative Action Employer NorthCarohna Naturally 2 1729 Futch Creek Road New Hanover County 2012 -0740 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 (919) 807 -6300 or myself at our Wilmington Regional Office at (910) 796 -7215. Sincerely, Chad Coburn Senior Environmental Specialist Enclosures. GC 3885 Certificate of Completion cc Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480 Dave Timpy — USACE Wilmington Field Office Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington Ian McMillan — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO