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HomeMy WebLinkAbout20130430 Ver 1_No Written Concurrence_20130507r4i® NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary May 7, 2013 Pender County DWQ Project #:13 THIS IS ° John Cerasani 107 White Heron Cove Rd Hampstead, NC 28443 A CAMA PERMIT Subject Property: 107 White Heron Cove Rd., Hampstead NO WRITTEN CONCURRENCE NEEDED Dear Mr. Cerasani: You have our approval, in accordance with the attached conditions; to install a boat lift at your existing docking facility, as described in your CAMA application dated April 19, 2013, received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on April 19, 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$6001 Internet: www.ncdenr.gov N6fffiCarofina An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper aunallq John Cerasani DWQ Project # 13 0430 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 John Cerasani DWQ Project # 13 0430 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, Joanne Ste'-Rhuis Senior Environmental Specialist cc: James Jones - Contractor Jennifer Burdette - DWQ 401 Oversight Unit Jason Dail — DCM Wilmington David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City WiRO