20191719 Ver 1_Approval Letter_20200206

February 5, 2020

DWR # 2019-1719
Carteret County
Cyrus H. Sloan Jr.
615 Marlowe Road
Raleigh, NC 27609

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
228 Bayview Blvd – Atlantic Beach, NC 28512

Dear Mr. Sloan:

You have our approval, in accordance with the attached conditions and those listed below to
perform construction of a bulkhead impacting approximately 0.02 acres of shallow bottom habitat,
as described in your CAMA Major Development Permit application, which was received by the
Division of Water Resources (Division) on December 16, 2019. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number
4175 (GC 4175).

This Certification allows you to use the General Permit No. 198000291 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, Water Supply Watershed, 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 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 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 below.

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
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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 02H .0501 and .0502}.

2. 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 terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification.

3. A pre-construction meeting is recommended to be held with the Division prior to the start
of the project phases so that the contractors and/or agents fully understand the conditions
associated with this certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]

4. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215

5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]

6. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected, and properly maintained, and excavated materials should be contained outside the
wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on
aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of
gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)]

7. 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.

8. 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 during the construction and maintenance of this project. [15A NCAC 02H .0507 (c)
and 15A NCAC 02H .0506 (b)(2) and (c)(2)]

9. Continuing Compliance:
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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(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. 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 Hazardous Substances Control Act. [15A
NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].

11. 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 02B .0200 (3)(f)].

12. 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).

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 NCDEQ DWR 401 and
Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh,
NC, 27699 within ten days of project completion. The certification of completion is available at:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).

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.

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
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone] 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).
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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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:

Bill Lane, General Counsel
Department of Environment and Natural Resources1601 Mail Service Center
Raleigh, NC 27699-1601

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 Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7215 or [e-mail].

Sincerely,

Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosures: GC 4175

cc: Gregg Bodnar, DCM Morehead City Office, EC
Liz Hair, USACE Wilmington Regulatory Field Office, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

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