20121139 Ver 1_No Written Concurrence_20130117

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
TIMM N01"
Carteret County
Ned Grady rVWQ Project #: 12 1139
CAVk e
PO Box 1435 r"I"IRM
Kinston, NC 28503
Subject Property: 2200 West Fort Macon Rd, Lot 99 Croatan MW, Atlantic Beach
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Grady:
You have our approval, in accordance with the attached conditions; to add a finger pier with a boatlift to
your existing docking facility, as described in your CAMA application dated December 19, 2012,
received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on
December 21, 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.
This approval is only valid for the purpose and design that is described in your modified 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.
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.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 te
Phone: 919 - 707.86001 Internet: www.nedenr.gov tC�arr oll /ina An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper /Z` �";

Ned Grady
DWQ Project # 12 1139
January 17, 2013
Page 2 of 2
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.
Enclosures
GC 3883
Certification of Completion
Sincerely,
/Joanne Steenhuis
Senior Environmental Specialist
cc: Robbie Webb — Turner Marine Construction
Karen Higgins - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Heather Styron — DCM Morehead City
WiRO