HomeMy WebLinkAbout20130462 Ver 1_No Written Concurrence_20130507i
A i_
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
May 7, 2013
William and Sonya Edens
John E. Skvada, III
Secretary
Pender County
DWQ Project #: 13 0462
257 Howards Lane IS NOT
Hampstead, NC 28443 T HI
Subject Property: 257 Howards Lane, Hampstea HERMIT A"" A NO WRITTEN CONCURRENCE LC IVI
Dear Mr. and Mrs. Edens:
You have our approval, in accordance with the attached conditions; to extend your existing
docking facility and add additional slips, as described in your CAMA application dated April 30,
2013, received by the Division of Water Quality (DWQ) in the Wilmington Regional Office
(WiRO) on April 30, 2013. 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 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 General 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) This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General Certification and is
responsible for complying with all conditions.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 One
Phone: 919 - 707 -8600 \ Internet: www.nodenr.gov NO Carolina
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper aturJ911Y
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r . 1
William and Sonya Edens
DWQ Project # 13 0462
May 7, 2013
Page 2 of 3
2) 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.
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 approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
.
William and Sonya Edens
DWQ Project # 13 0462
May 7, 2013
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act
described in 15A NCAC 0500. Please contact Joanne Steenhuis at 910.796.7306 or via e-mail at
Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns.
Enclosures
GC 3883
Certification of Completion
Sincerely,
Sincerely,
Steenhuis
Senior Environmental Specialist
cc: Jennifer Burdette - DWQ 401 Oversight Unit
Jason Dail — DCM Wilmington
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
WiRO