20090272 Ver 1_No Written Concurrence_20090513

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 13, 2009
New Hanover County Parks Department
Mr. Neal Lewis
230 Government Center Drive, Suite 120
Wilmington NC 28403
Subject: Peterson Nature Trail
NO WRITTEN CONCURRENCE RQUIRED
Dear Mr. Lewis:
DWQ Project # 09-0272
New Hanover County
After reviewing your application, it has been determined that the impacts are covered by General Water
Quality Certification Number 3641 (GC3641). In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to 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.
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
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
NorethCarolina
Customer Servicel-877-623-67 Nwurally
Internet: h2o.enr.state.nc.us
2
Peterson Nature Trail
New Hanover County
2009-0272
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 [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,
j
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3641
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Paul Masten - S&ME,.Inc., 6409 Amsterdam Way, Bldg B-3, Wilmington, NC 28405
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Holley Snider - DCM Wilmington
WiRO