20141025 Ver 1_Approval Letter_20141001

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HC EHR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Surf City Crab, Inc.
Attn. Adrian Kugatow
PO Box 2459
Surf City, NC 28445
Subject Property:
Dear Mr.Kugatow•
John E Skvarla, III
Secretary
October ... ject # 2014 1025
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Surf City Crab Docking Facility, Surf City
Approval of 401 Water Quality Certification with Additional Conditions
You have our approval, in accordance with the attached conditions and those listed below to
construct a 7 -slip docking facility, as described in your CAMA application dated September 23,
2014, and received by the Division of Water Resources (Division) on September 23, 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:
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.
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 -72151 Internet www ncdenr gov
An Equal Opportunity 1 Affirmabve Acton Employer — Made in part by recycled paper

Surf City Crab, Inc.
Attn: Adrian Kugatow
DWR Permit # 14 1025
October 1, 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 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 if any turbidity issues arise at 910.796.7215
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.

Surf City Crab, Inc
Attn: Adrian Kugatow
DWR Permit # 14 1025
October 1, 2014
Page 3 of 4
9. Primary Nursery Areas
Please understand that the waters around your project area have been-identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging
within the proposed project area arise in the future, please be aware that new dredging
within a PNA is not allowed under 15A NCAC 026 .0221 and is a degradation of water
quality standards and therefore considered a water quality violation.
10. 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 /certsandpermits /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

Surf City Crab, Inc.
Attn: Adrian Kugatow
DWR Permit # 14 1025
October 1, 2014
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 Jennifer. Burdette @ncdenr.gov Joanne Steenhuis in the DWR
Wilmington Regional Office at 910 796.7306 or [e-mail].
Sincerely,
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3900
Certificate of Completion
cc: Jon Giles — Consultant — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office
Jason Dail — DCM Wilmington
Jennifer Burdette — Wetlands and Buffer Unit
Jonathan Howell - DCM Morehead City — electronic copy
WiRO