20121002 Ver 1_No Written Concurrence_20121204

nCREW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P. E.
Director
December 4, 2012
Dee Freeman
Secretary
Ponder County
THIS IS Proiect #: 12 1002
Robert Foy I!N 221 6 Scotts Hill Loop Road E Wilmington, NC 28411 q CqM A PERM EC IT 1 zo�z Subject Property: Foy Residence Pier and Boat Dock, Scotts Hill
NO WRITTEN CONCURRENCE NEEDED a . a,.
Dear Mr. Foy:
You have our approval, in accordance with the attached conditions; to reconfigure the existing docking
facility, as described in your CAMA application dated October 30, 2012 and received by the Division of
Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on October 30, 2012. After reviewing
your application, we have decided these impacts are below the threshold for written authorization as long
as the conditions of the General Water Quality Certification Number 3883 (GC3883) 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. The Division
acknowledges that the proposed reconfiguration has already been done.
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 on the next 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.
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 707 -86001 Internet: www.nodenr.gov
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
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Robert Foy
DWQ Project # 12 1002
December 4, 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:
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.
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 Karen Higgins in the Central Office in Raleigh at
919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306.
Joanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3883
Certification of Completion

{
Robert Foy
DWQ Project # 12 1002
December 4, 2012
Page 3 of 3
cc: Michael Hoke — Waterline Marine Construction + Consulting Inc.
Karen Higgins - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Jason Dail — DCM Wilmington
WiRO