20160478 Ver 1_Application Returned_20160811

Water Resources
ENVIRONMENTAL QUALITY
August 11, 2016
CERTIFIED MAIL: 7015 0640 0005 9080 7679
RETURN RECEIPT REQUESTED
Mr. John Spencer
1100 Pembroke Jones Drive
Wilmington, NC 28405
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
D W R # 16-0478
Dare County
Subject: RETURN OF APPLICATION
121 South Dogwood Trail in Southern Shores, Dare County (Bulkhead Proposal)
Dear Mr. Spencer:
On May 09, 2016, the Division of Water Resources received a copy of your CAMA Major Application dated May
04, 2016, requesting a 401 Water Quality Certification for the subject project. The Division of Water Resources
issues approvals in the form of a Water Quality Certification (WQC) in conjunction with the major modification
to your CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers
(USACE). This WQC allows you to use the CAMA Major Permit when the Division of Coastal Management issues
their permit. We wrote to you on May 24, 2015 requesting additional information on the project. Additional
dialogue (via telephone) requested the same additional information (7/15/2016 and 7/18/2016). As of today,
the Division of Water Resources has not received a complete response to these requests.
Pursuant to Title 15A NCAC 02H .0507(e), the Division of Water Resources is unable to approve your
application. For the reasons listed above, your application is hereby returned. Once you have addressed the
problems and/or inadequacies with your application as it was submitted, you will need to reapply directly to the
Division of Water Resources for approval including a complete application package on the Pre -Construction
Notification Form (PCN) and the appropriate fee. This form can be found online at:
http://www.saw.usace.army.mil/WETLANDS/Pcn/
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and
any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code.
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

John Spencer
DWR # 16-0478
Return of Application
Page 2 of 2
Please contact Anthony Scarbraugh (252-948-3924 or [e-mail]) or Don Burke (252-
948-3966 or [e-mail]) if you have any questions or concerns.
Sincerely,
-z
Robert Tankard, Assistant Regional Supervisor
Water Quality Permitting Section
Division of Water Resources, NCDENR
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Courtney Spears, DCM Morehead City (via email)
Ron Renaldi, DCM Elizabeth City (via email)
DWR WaRO 401 files
Laserfiche
Whit Patterson (Albemarle Bulkheads, PO Box 50, Kill Devil Hills, NC 27948)