20080005 Ver 1_No Written Concurrence_20080212

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February 12, 2008
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
Pamlico County
DWQ Project #: 08-0005
Mr. Asa Dail
Post Office Box 1656
New Bern, NC 28563
Subject Property: 81 & 97 North Berne Landing, Lee Landing Subdivision
Broad Creek, Neuse River Basin
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Dail:
You have our approval, in accordance with the attached conditions; to impact 1,056 square feet of
wetlands by shading and 950 square feet of Public Trust Waters by shading for the purpose of pier
construction as described in your application dated October 29, 2007. After reviewing your
application, we have decided that impacts are below the threshold for written authorization as long as
all conditions of General Water Quality Certification Number 3641 are met, which may be viewed on
our website at httv://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your application except as
modified below. 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) 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:
1. 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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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 are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 Roberto Scheller in the Washington Regional Office
at 252-948-3940.
Sincerely,
L
Al Hodge/Su ervisor
Division of Water Quality
Washington Regional Office
Attachments
cc: Doug Huggett, CAMA Major Permits Processing Coordinator
Corps of Engineers Washington Field Office
DWQ 401/Wetland Express Office
File copy
Central Files
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http:/ih2o,enr.state.nc.us/ncwetlands
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