20090649 Ver 1_No Written Concurrence_20090717

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins Dee Freeman
Director Secretarv
July 17, 2009
DWQ 09-0649
Chowan County
Mr. Clay Foreman
1808 Rivershore Road
Elizabeth City, NC 27909
Subject Property: M.G. Brown
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Foreman:
You have our approval, in accordance with the attached conditions, to impact
0.10 acres of wetlands for the purpose of improvements to the M.G. Brown
Lumber Company as you described in your application dated received June 3,
2009. 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 (see attached).
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.
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
North Carolina Division of Water Quality Internet: www ncwnteraualirv org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vaturally
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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. If you have any questions, please telephone Garcy Ward of
the Washington Regional Office at 252-948-3922 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
a t
Garcy Ward
Enclosures: GC 3705
cc: Mr. Josh Pelletier, Corps of Engineers Washington Field Office
CAMA, Elizabeth City Office
Mr. Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368,
Elizabeth City, NC 27948
DWQ 401 Oversight/Express Unit
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