HomeMy WebLinkAbout20130561 Ver 1_No Written Concurrence_20130627t.
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Actinq Director Secretary
June 27, 2013
Terry Stevens
Dennis Ryan
Onslow County
DWQ Project #: 13 0561
Henry Rudnicki THIS IS NOT
217 N Holland Point Dr.
Stella, NC 28582
Subject Property: 217 N. Holland Point Dr., S I CAMA PERMIT
NO WRITTEN CONCURRENCE NEEDED
Dear Messrs. Stevens, Ryan and Rudnicki:
You have our approval, in accordance with the attached conditions; to construct a 10 -slip
community dock and a boathouse within the riparian corridor of lots 12,13 and 21, as
described in your CAMA application dated May 22, 2013, received by the Division of Water
Quality (DWQ) in the Wilmington Regional Office (WiRO) on May 24, 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 21-1.0506 (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
Wilmington Regional office
127 cardinal Drive Extension, Wlmmgton, North Carolina 28405 Rn Phone: 910-796-7215 1 FAX 910350 -20041 DENR Assistance: 1-877.623 -6748 N Carolina
Internet www.ncwaterqualky.org
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Terry Stevens
Dennis Ryan
Henry Rudnicki
DWQ Project # 13 0561
June 28, 2013
Page 2 of 3
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.
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
J
Terry Stevens
Dennis Ryan
Henry Rudnicki
DWQ Project # 13 0561
June 28, 2013
Page 3 of 3
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
This letter completes the review of the Division under section 401 of the Clean Water Act
described in 15A NCAC 0500. Please contact me 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,
1 anne Steenhuis
r Environmental Specialist
cc: Jennifer Burdette - DWQ401Oversight Unit
Ryan Davenport — DCM Morehead City
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
WiRO