20070826 Ver 1_No Written Concurrence_20070703

O~O~ W A ~~9pG Michael F. Easley, Governor
~ ~ William G. Ross .lr., Secretary
~ ~,~,.
> f- s ~;No rtment of Environment and Natural Resources
~ ~.
~ -~ - -~ •~~ Coleen H. Sullins, Director
Division of Water Quality
a~ ~`.. ~'ra'`i #~`~~ F3.t~;s' 1 3 2007
New Hanover County
DWQ Project #: 070826
Howard Stein and Lance Popkin
42 Pelican Drive
Wrightsville Beach, NC 28480
Subject Property: 42 Pelican Drive
NO WRITTEN CONCURRENCE NEEDED
Dear Messrs. Stein and Popkin:
You have our approval, in accordance with the attached conditions, to replace the existing
docking facility as described in your Express CAMA Major application dated May 11, 2007.
After reviewing your application, we have decided this impact is below the threshold for
written authorization as long as all conditions of General Water Quality Certification
Number 3624 are met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Regional
General # 198700056 Permit when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your prof ect, 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) 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 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:
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.
N~~~~ehCarolina
~vafurally
North Carolina Division of Water Quality 1617.~lail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet w~~~w,ncwaterquality_orb~ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50°/ Recycledll0% Post Consumer Paper

Page Two
Howard Stein and Lance Popkin
DWQ Project #: 070826
July 3, 2007
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. 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 Ian McMillan at 919-715-4631
or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
oanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3624
Certification of Completion
cc: Ed Flynn - F & S Marine Contractors, Inc.
Dave Timpy - USACE Wilmington
Robb Mairs -DCM Wilmington
Doug Huggett -DCM Morehead
Ian McMillan -DWQ 401 Oversight Unit
Central Files
WiRO