HomeMy WebLinkAbout20090616 Ver 2_No Written Concurrence_20091002
Beverly Eaves Perdue
Governor
AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Oiyision of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 2, 2009
Carteret County
DWQ Project #: 090616 V2
Sleepy Creek Farms, Inc.
Attn: Jim Maxwell
938 Millers Chapel Rd
Go1dsboro, NC 27834
Subject Property:
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Sunset Villas, Atlantic Beach A C A....
NO WRITTEN CONCURRENCE NEEDED
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Dear Mr. Maxwell:
You have our approval, in accordance with the attached conditions; to replace the existing 300 If
bulkhead, as described in your Modified CAMA application dated August 11, 2009 and received by the
Wilmington Regional Office (WiRO) on August 13, 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 3689 (GC3689) are met. This certification may also be
viewed on our website at http://h20.enr.state.nc.us/ncwetlands.This Certification allows you to use the
Nationwide Permit 13 (NW 13) 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 40l/Wetlands Unit of the Division of Water Quality.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: 910-796-7215/ FAX: 910-350-2004
Internet: www.ncwateraualitv.org
N~rth Carolina
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An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 1 0% Post Consumer Paper
Customer Service 1-877-623-6748
Page Two
Sleepy Creek Farms, Inc.
Attn: Jim Maxwell
DWQ Project #: 090616 V2
October 2,2009
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 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,
4'-~
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/ Joanne Steenhuis
/ Senior Environmental Specialist
Enclosures
GC 3689
Certification of Completion
cc: Ron Cullipher - Stroud Engineering, P A
Ian McMillan - DWQ 401 Oversight Unit
David Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO