20070015 Ver 1_No Written Concurrence_20070209

O~~F WATFR p~ Michael F. Easley, Governor
.~ William G. Ross Jr., Secretary
~ North Carolina Department of Environment and Natural Resources
~_ ~
Q '~ _ Alan W. Klimek, P.E. Director
Division of Water Quality
February 9, 2007
Carteret County
DWQ Project #: 07-0015
Pinnacle East, LLC x ~ ~
c/o Danny J. Murphy ,~ _ ~ _~
.~ ~ ' ` ~,~
245 Windsor Road _ - ~.
Greenville, NC 27858
Subject Property: The Pinnacle Condominiums ~ ~ ~ ° ~' -'
Atlantic Beach, Cartert County
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions, to impact 0.26 acres of
wetlands or waters for the purpose of construction of 12 condominium units and excavation
around existing docks and associated infrastructure as you described in your application dated
December 21, 2006. 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 3490 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 LAMA Major
Permit when the Division of Coastal Management issues it.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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 maybe 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. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicet-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterqualiri.ore NorthCaro/l/ina
An Equal OpportunitylAffirmaGve Action Employer- 50% Recycled110% Post Consumer Paper ~lltllt'Q~~11

Page Two
c/o Danny J. Murphy
DWQ Project #: 07-0015
February 9, 2007
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 McMillian at 919-715-4631 ~- --
orJoanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
r
^~ i .
~~ ~
r __
1 i
,Joanne Steenhuis
Environmental Specialist III
Enclosures
cc: J. Stephen Janowski, PE -Consultant
Dave Timpy -Corps of Engineers Wilmington
Doug Huggett -DCM Morehead
Ryan Davenport -DCM Morehead
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