20090280 Ver 1_No Written Concurrence_20090422

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
April 22, 2009
Pender County
DWQ Project #: 09 0280
Russell L. Peele
PO Box 3303
Topsail Beach, NC 28445
T HIS 6 NOwl"
Subject Property: 1188 N. Anderson Blvd., Topsail Be PEEnn"`MIT
RAQMA NO WRITTEN CONCU ENCE
Dear Mr. Peele:
You have our approval, in accordance with the attached conditions; to extend the existing pier, remove
existing floating dock, add a new floating dock and two boat lifts to the docking facility as described in
your CAMA application dated March 16, 2009. After reviewing your application, we have decided
these impacts are below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3687 (GC3687) 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 and your permit when
issued by the Division of Coastal Management.
This approval is only valid for the purpose and design that is 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 these Certifications 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguclity.org ?atuyrff
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877--623-`6`748
50% Recycled/ 10% Post Consumer Paper
Page Two
Russell L. Peele
DWQ Project #: 09 0280
April 22, 2009
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
ior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Hal Fogleman - Allied Marine Contractore, LLC
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Jon Giles - DCM Wilmington
WiRO