20131236 Ver 1_Approval Letter_20131210

7*4 0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
December 10, 2013
DWR Project #20131236
Onslow County
Mark T. Mal ass �J
p
176 Flamingo Lane p
Sneads Ferry, NC 2846 � r�
Subject Property: 176 Flamingo Lane, Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Malpass:
You have our approval, in accordance with the attached conditions and those listed below to
construct a new pier and platform and dredge approximately 19,200 sq ft of access channel, as
described in your CAMA application dated November 25, 2013 and received by the Division of
Water Resources (Division) on November 25, 2013. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3900 (GC
3900). This Certification allows you to use the General Permit No. 198000291 permit 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 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.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
)hone: 910.796 -72151 FAX [phone] DENR Assistanos:1 -877.623 -6748
ntemet www.ncwatealuality.org
in Equal Opporfunity 1 Affirmative Action Employer

Mark T. Malpass
December 10, 2013
DWR Project # 20131236
Page 2 of 4
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
2. 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 26..0221. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
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.
5. 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.
6. 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
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
dredged
19,200 sq ft (0.441 ac)
Mr. Mark Malpass Plan Sheet# 1
of 3 (attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
2. 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 26..0221. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
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.
5. 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.
6. 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

Mark T. Malpass
December 10, 2013
DWR Project # 20131236
Page 3 of 4
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.
7. 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.
8. 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 is required to
return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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 (919) 431 -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 (919) 431 -3100, 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.

Mark T. Malpass
December 10, 2013
DWR Project # 20131236
Page 4 of 4
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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 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 Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office
at 910.796.7306.
Sincerely,
k"T
om s A. A Reeder
Div 'on of Water Resources
Enclosures: GC 3900
Certificate of Completion
cc: Chad Kimes — Kimes Engineering — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette - DWQ Webscape Unit
Doug Huggett - DCM Morehead City
Jason Dail — DCM WiRO
WiRO

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