20160376 Ver 1_No Written Concurrence_20160422

PAT MCCRORY
DONALD R. VAN DER VAART
Sec,elui)
S. JAY ZIMMERMAN
April 22, 2016 D/Iectol
DWR Project # 20160376
Carteret County
Jerry and Cathy Ballard
PO Box 1497 NOT
Morehead City, NC 28557 THIS IS
Subject Property: 111 South Spooners Street, Morehead Ci CAMA
No Written Concurrence Needed
Dear Mr. and Mrs. Ballard:
You have our approval, in accordance with the attached conditions and those listed below to expand an
existing docking facility, as described in your CAMA application dated April 11, 2016 and received by the
Division of Water Resources (DWR) on April 14, 2016. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This
Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of
Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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
General Permits 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 General 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 on the following pages.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of the Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee.
If the property is sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. Any new owner must notify the Division and request
the Certification be issued in their name {15A NCAC 021-1.0501 and .0502).
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext, Wilmington, NC 28405
919 796 7215
I - r'

Jerry and Cathy Ballard
DWR Permit # 20160376
April 22, 2016
Page 2 of 4
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit 115A NCAC 02H .0501 and .0502).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 28..0221. Appropriate sediment and erosion control practices must be used
to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
4. Any final construction plans for this project must include or reference the application and plans
approved by the DWR under the authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative
impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A
NCAC 02H .0506 (4)]
5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project a copy of this certification. A
copy of this certification including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H.0506
(b)(2) and (c)(2)] L
6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG
National Response Center at 1.800.424.8802. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H
.0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A]
Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 0213.0200 (3)(f)]
8. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
.a

Jerry and Cathy Ballard
DWR Permit # 20160376
April 22, 2016
Page 3 of 4
Continuing Compliance:
9. The applicant/permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
law. If the Division determines that such standards or laws are not being met, including failure to
sustain a designated or achieved use, or that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Quality Certification. [15A NCAC 02H .0507(d)]
10. Certificate of Completion
The applicant and/or authorized agent shall provide a completed Certificate of Completion form to
the Division within 30 (thirty) days of project completion. Mail to: NCDEQ DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The
certification of completion is available at:
http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H
.0506(b)(5)]
11. This certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours {15A NCAC 02H .0502 (e)}.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays.
The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478

Jerry and Cathy Ballard
DWR Permit # 20160376
April 22, 2016
Page 4 of 4 -
A copy of the petition must also be served on'DEQ as follows:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this certification and its conditions are final and binding
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in
the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer. [e-mail] or myself in
the DWR Wilmington Regional Office at 910.796.7306 or by e-mail [e-mail].
0
Sincerely,
oanne Steenhuis
Senior Environmental Specialist
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3883
cc: Alan Bailey — Blue Water Marine. — electronic copy.
Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette - DWR 401 Wetlands and Buffers Unit
Heather Styron - DCM Morehead City— electronic copy
Courtney Spears — DCM Morehead City —electronic copy
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