20052253 Ver 2_No Written Concurrence_20070823

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John Koenig
6432 Yadkin Road
Fayetteville, NC 28303
August 23, 2007
Pender County
DWQ Project #: 05 2253 ver 2
Subject Property: Kensington Park section II
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Koenig:
You have our approval, in accordance with the attached conditions; to permanently impact 0.0983
acres of wetlands and 76 linear feet of a stream and temporarily impact 20 linear feet of stream to
construct a road crossing to access the subject property described in your application dated June 21,
2007 and additional information received by the Wilmington Regional Office on July 30, 2007 and
August 13, 2007. 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
3631 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 Nationwide 29 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 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.
The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present as depicted on the jurisdictional determination map approved by the US
Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.)
must be maintained on each lot until the lot is sold.
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
None hCarolina
;atuta!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www ncwateroualitv.0rc Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
John Koenig
DWQ Project #: 05 2253 Ver 2
August 23, 2007
3. A recorded copy of the deed restrictions and the associated preservation map approved by
the US Army Corps of Engineers Wilmington Regulatory Office must be submitted to this
Office and to the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands
and the stream approved by this Certification can take place.
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 and the General Certifications 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 Ian McMillan at 919-733-1786 or Joanne
Steenhuis at our Wilmington Regional Office at 910- 796-7215.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
Enclosures
cc: Krissina Newcomb - Hal Owen & Associates, Inc.
Ian McMillan - DWQ 401 Oversight Unit
Brad Shaver - Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
WiRO
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