20080161 Ver 1_No Written Concurrence_20080310

OF WATER
>' L~~~
U . _ _ „~
,'
-:~-
March 10, 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
DwQ 08-0161
Dare County
Christopher Todd O'Conner
PO Box 129
Coinjock, NC 27923
Subject Property: O'Conner Lot #35, Watersedge Subdivision
Pasquotank Basin, Collington Creek, 030156, 30-21-1-1, SC
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. 0' Conner:
You have our approval, in accordance with the attached conditions, to impact 0.10 acres of wetlands or
waters for the purpose of residential construction as you described in your application received by the
Division of Water Quality (DWQ) on January 17, 2008. After reviewing your application, we have
decided this fill is below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3705 are met, which may be viewed on our website at
http://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] NOIrth >C~Cp~O/h/YlGl
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~~~K` ~L`~

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 15A
NCAC 2H .0500. If you have any questions, please telephone Kyle Barnes of the Washington Regional Office at
252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
4
1 `^
Al Hodge upervlsor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
CAMA, Elizabeth City
File copy
Central Files
Doug Dorman, Atlantic Environmental Consultants, LLC
PO Box 3266, Kitty Hawk, NC 27949
Filename: 08-0161
401 OversighUExpress 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://h2o.encstate.nc.us/ncwetlands
NorthCarolina
~Vatirra!!~
An Equal Opportunity/AfFrmative Action Employer - 50% RecycledJl O% Post Consumer Paper