20081336 Ver 3_Approval Letter_20161104

s ,',:» t r=Fr, s, v GL!ALi � Y
November 4. 2016
Mr. Martin Davis
Ms. Katie Davis
4201 Forwalt Place
Wilmington, NC 28409
Subject Property: 1322 Tidal Walk Drive - Wilmington
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY Z11V MERMAN
New Hanover County
DWa Project 4 03-13360
�()U 2010
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.& Ms. Davis,
You have our approval, in accordance with the attached conditions and those listed below to
impact 303 square feet (0.006 acres) of 404 wetlands in order to construct a driveway entrance at
the address above as described in your CAMA MINOR MODIFICATION application received
by the .Division on August 23, 2016, with additional information received on November 2, 2016
and November 4, 2016. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3900 (GC 3900). The cumulative
impacts authorized for this project are now 0.466 acres of 404 wetlands and 60 linear feet
of stream. 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 Permit. This Certification can also be found
on line at: http://portal.ncdeiu.org/web/wq/swp/ws/401/certsagdperinits.
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 211 .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext-, Wilmington, NC 28405
919 796 72115

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New Hanover County
Page 2 of 5
The Additional Conditions of the Certification are:
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 115A NCAC 0211 .0501 and .0502}.
2. 1 his 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 f 15ANCAC 021-1 .0501 and .0502},
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this 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)] The applicant shall require his contractors (and/or agents) to comply
with all of the terns of this Certification, and shall provide each of its contractors (and%or agents)
a copy of this Certification.
4. Turbidity Standard
"The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213..0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains and berms shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
Work Moratoriums
The permittee shall adhere to all appropriate in water work moratoriums as prescribed by the NC
Wildlife. Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service.
15A NCAC 02H.0506 (b)(2) and 15A NCAC 0213 .0221 (1)
6. 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.

Ti,IVdaIk Lot 428
2008-13360
New Hanover County
Page 3 of 5
7. The permittee 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 durin , the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
Continuing Compliance:
The applicant permittee 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(4 of the Clean Nt ater Act), and any other appropriate requirements of State
and Federal lay. 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 nece.ssary to assure compliance_ than the Division may
reevaluate and modify this General Water Quality Certification. [] 5.-1 NCAC 02H .0507(d)]
9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permittee%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 and after hours and on
weekends call [phone]. Management of such spills shall comply, with provisions of the
North Carolina Oil Pollution and Ilazardous Substances Control Act. [15A NCAC. 02H .0506
(b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
10. 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 (e)(3) and 15A NCAC 02B .0200 (3)(f)]. Any marina project that proposes to dispense or
store fuel, must adhere to an EPA approved Spill Prevention Control and Countermeasure (SPCC)
plan.
11. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local sewer
system regulations. [15A NCAC 02T .0301]
12. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 0211.0502(e).
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required
to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699

._ idal Wa!K Lot 428
2008 1336v3
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within ten days of project completion. The certification of completion is available at:
http:,/'/,porial.ncdeii.r.orgweb, wq,- sxvp, w s 401; certsandpernnitsiapply,'forms.
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 CA1\1A Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(OAH). A petition form may be obtained from the OAH at http:�.neoah.com% or by calling
the OAI1 Clerk's Office at (919) 43 1 -3000 for information. Within sixty ("60) calendar days of
receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when
the original and one (1) copy, along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday, through Friday between 8:00 am and 5:00 pm, excluding
official state holidays). The petition may be faxed to the OAH at [phone], provided the
original and one copy of the petition along with any applicable OAH filing fee is received by the
OAH within five (5) business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS.
FedEx, etc):
Office of Administrative hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh. NC 27699-1601

Tidal Walk Lot 428
2008-13360
New Hanover County
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This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jernufer.Burdette!a)ncdenr.�rov or Chad Coburn in the.
DWR Wilmington Regional Office at 910.796.7379 or Chad.CoburnL(i.-ncdenr. ov.
Sincerely,
Ji �regson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources; NCDEQ
Enclosure: GC 3900
cc: Dana Lutheran - Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, .NTC 28412
Tyler Crumbley - USACE Wilmington Regulatory Field Office
Heather Coats — DCM Wilmington
Jennifer Burdette - �N'etlands and Buffer Unit
W1RO