20221662 Ver 1_Approval Letter_20230123

DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 20, 2023
DWR # 20221662
Brunswick County
Robert and Debra Milhous
154 Blue Church Ct.
Columbia, SC 29212
Subject: Approval of Individual 401 Water Quality Certification
Milhous Residential Docking Facility
9193 Schuyler Drive SW- Sunset Beach
USACE Action ID. No. SAW-2022-02616
Dear Mr. & Mrs. Milhous:
Attached hereto is a copy of Certification No. WQC005565 issued to Robert and Debra Milhous, dated
January 20, 2023. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
Please understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B
.0222 which requires that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and
fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis. The
Division supports the concerns and recommendations from the Division of Marine Fisheries and the
Wildlife Resources Commission regarding design and construction of the docking facilities located in the
shallow waters of designated Primary Nursery Areas.
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 127 Cardinal Drive Ext. I Wilmington, North Carolinb 28405
NORTH CAROLINA
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DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 2 of 8
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenrgov if you have any
questions or concerns.
Sincerely,
North Carolina Department of Environmental Quality I Division of Water Resources
D ()7.9()()()
� 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NQ NORTH CAROLI7
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DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Electronic cc: Ben Brink, consultant
DocuSigned by: Page 3 of 8
M6Vt" Sa A('"
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221662_Milhous_9193 Schuyler Dr SW_IWQC_BrunsCo_Jan.23
D � � �
Oual� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NpR'V CAROV\A ^' 919.707.9000
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DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005565 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Robert and Debra Milhous, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
November 28, 2023, and by Public Notice issued by the Division of Coastal Management on November 30,
2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
Open Waters Incorporated
Docking Facility
0.033 acres
1,443 sq. ft.
N/A
CAMA major permit
application, project
Coastal Wetlands Shaded
narrative, and
Access Pier
0.027 acres
1,200 sq.ft.
N/A
sheets 1 thru 4 dated
11/7/2022
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 considered
inconsistent with 15A NCAC 02B .0221 as it results in degradation of water quality standards and
therefore is considered a water quality violation.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SA Waters. (12) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU;
if turbidity exceeds this level due to natural background conditions, the existing turbidity level
shall not be increased.
Citation: 15A NCAC 028 .0220
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 5 of 8
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation], and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 048 .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
3. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 6 of 8
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
6. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 7 of 8
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
8. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
9. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected, populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
10. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550
Milhous Docking Facility
DWR# 20221662
Individual Certification #WQC005565
Page 8 of 8
integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
11. The 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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
12. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
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. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 20th day of January 2023
ID1'occuSi'gned by:
V.,I �'"" 6I A Sa �'G14
MoreIIaE�anchez-'King (/
Regional Operations Supervisor
MSK/hs
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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