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Home My WebLink About20140616 Ver 1_Approval Letter_20140707A,�N*L,z,�4,twAA Q MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary July 7, 2014 DWR Project # 2014 0616 IS NOT Carteret Count Seaside Siblings, LLC � lg r__1 � ('�� 0W� Attn Georgia Ricks PO Box 4549 A P'RNT �u Emerald Isle, NC 28594 JUL 1 5 2014 Subject Property: Forest Fulls Ll D NR - WA Breech I MFIP, Lot 60 Emerald Isle Approval of 401 Water Quality Certification with Additional Conditions Dear Ms Ricks You have our approval, in accordance with the attached conditions and those listed below to remove the remnants of a dock and boatlift and construct a new single slip docking facility, as described in your CAMA application dated June 4, 2014, and received by the Division of Water Resources (Division) on June 6, 2014 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 Mayor 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 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: 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 2 The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit 127 Cardinal Drive Ext , Wilmington, North Carolina 28405 Phone 910-796-7215 1 Internet wwwncdenrgov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Seaside Siblings, LLC Attn Georgia Ricks DWR Permit # 14 0616 July 7, 2014 Page 2 of 4 3. 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. 4 Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B 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 if any turbidity issues arise at 910.796.7215 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 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 operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Resources, 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 (800) 858 -0368 Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act 8 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 Seaside Siblings, LLC Attn Georgia Ricks DWR Permit # 14 0616 July 7, 2014 Page 3 of 4 9 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 the enclosed 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 within ten days of project completion (the certification of completion is also available at• http./ /portal ncdenr.org /web /wq /swp /ws/ 401 /`certsand perm its /apply /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 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 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 Seaside Siblings, LLC Attn. Georgia Ricks DWR Permit # 14 0616 July 7, 2014 Page 4 of 4 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 Jennifer.Burdette @ncdenr.gov Joanne Steenhuis in the DWR Wilmington Regional Office at 910 796 7306 or Joanne.Steenhuis @ncdenr.gov Sincerely, �_A,5v ell s� Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures GC 3900 Certificate of Completion cc Cyrus A. Bell — Bell & Phillips Surveying, PLLC — electronic copy Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Ryan Davenport - DCM Morehead City — electronic copy WiRO