20150504 Ver 1_Approval Letter_20150623

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NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
May 12, 2015
MEMORANDUM:
TO: Joanne Steenhuis
401 Wetlands
DWR - WiRO
R2C&E1 EQA1CDENR/DWR
MAY 12 2015
Water Quality Regional
Wilmiingtonions Regional Offica
Donald R. van der Vaart
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Permit Application Review
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Applicant: Roy Maid, & Ron Baxley
Project Location: 579 Lewis Rd., adjacent to Topsail Sound, in Hampstead, Pender County
Proposed Project: Applicants propose to expand an existing commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 4, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
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REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
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MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 23, 2015
DWR Project # 20150504
omr. Pender County
Roy Mathews and Ron Baxley n1 N T
298 Red Banks Road In
Hampstead, NC 28443 APAMES
%#J4 m ERMIT
Subject Property: 579 Lewis Road, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Mathews and Baxley:
You have our approval, in accordance with the attached conditions and those listed below to construct an
additional floating dock in order to expand the existing docking facility as described in your CAMA
application dated May 12, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water
Resources (Division) on May 12, 2015. 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 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.
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}.
rJU
2 2015
127.Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Roy Mathews and Ron Baxley
DWR Permit # 20150504
June 23, 2015
Page 2 of 4
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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. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) sliall-not be exceeded as
described in 15 A NCAC 213..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
4. 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.
The permitee 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)]
6. Continuing Compliance:
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. [15A NCAC 02H .0507(d)]
7. 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
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 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 026.0200 (3)(f), and GS 143 Article 21A].

Roy Mathews and Ron Baxley
DWR Permit # 20150504
June 23, 2015
Page 3 of 4
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. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
10. SAVs
Please note that the area around and within the project area contains submerged aquatic
vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved
impacts specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)]
11. 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 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 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 150E 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).
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.

Roy Mathews and Ron Baxley
DWR Permit # 20150504
June 23, 2015
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:
Sam M. Hayes, 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 [e-mail] Joanne Steenhuis in the DWR Wilmington Regional Office
at 910.796.7306 or [e-mail] .
Sincerely,
CrTn q egson, Regional Supe isor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3900
cc: Jon Giles— electronic copy
Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Jason Dail — DCM Wilmington — electronic copy
Jennifer Burdette — Wetlands and Buffer Unit
Doug Huggett - DCM Morehead City — electronic copy
WiRO