20130141 Ver 1_No Written Concurrence_20130314

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C ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
March 14, 2013
DWQ Project # 13 -0141
T Pender County
THIS
Charles T H ai h, Jr IT
506 Rush Rd
PAMA Pit M
Fayetteville, 2
Subject Property: 1136 N. Anderson Blvd., Topsail Beach
NO WRITTEN CONCURRENCE NEEDED
Dear Mr Haigh
You have our approval, in accordance with the attached conditions, to permanently impact
0 055 acres of jurisdictional wetlands as described in your CAMA application dated February
8, 2013 and received by the Division of Water Quality (DWQ) Wilmington Regional Office
(WiRO) on February 8, 2013 and additional information received on March 12, 2013 After
reviewing your application, we have decided this fill is below the threshold for written
authorization as long as all conditions of General Water Quality Certification Number 3890
(GC 3890) are met This Certification allows you to use the Nationwide 18 Permit when
issued by the US Army Corps of Engineers and your permit when issued by the Division of
Coastal Management
This approval is 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) exceeds 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) The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands
onsite from being impacted
127 Cardinal Drive Ext , Wilmington, NC 28405 One
Phone [phone]\ FAX [phone] \ Internet www ncdenr gov NortihCarofina
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper NatmallY

Charles t Haigh, Jr
DWQ Project # 2013 0141
March 14, 2013
Page 2 of 3
2) No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the DCM application. All construction
activities, including the design, installation, operation, and maintenance of sediment and
erosion control Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur
3) The approved plans and specifications for this project are incorporated by reference and
are an enforceable part of the permit
4) Dewatering if the construction site, if required, shall be accomplished by pumping to a
maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge
and release sediment to the surface waters or wetlands. Silt bags will not be located
within wetlands or surface waters.
5) 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
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

Charles t Haigh, Jr
DWQ Project # 2013 0141
March 14, 2013
Page 3 of 3
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
Lacy Presnell, 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 at
919 807 6360 or Joanne Steenhuis at our Wilmington Regional Office at 910 796 7306
S rely,
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—_ --
' C
�oanne Steenhuis
Senior Environmental Specialist
Attachment l
Enclosures GC 3890
Certification of Completion
cc Karen Higgins - DWQ 401 Oversight Unit
David Timpy - USACE Wilmington
Doug Huggett — DCM Morehead
Jason Dail — DCM Wilmington
WiRO

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REVD MAR 12 2013