20150627 Ver 1_Approval Letter_20150723

Pat McCrory
Governor
June 18, 2015
MEMORANDUM:
RCDENR
North Carolina Department of Environment and Natural Resource
TO: Chad Coburn
401 Wetlands
DWR - WiRO
RECE QED/NGDENRADWR
JUN 19 20115
Water Quality Regional
Operations Section
Wilmington Regional office
Donald R. van der Vaart
Secretary
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator o�FF tR;
FR p
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: NCDCR State Historic Site Brunswick Towyn
Project Location: 8884 St. Phillip Rd., SE, adjacent to the Cape Fear River, in Winnabow Brunswick Co.
Proposed Project: to construct an offshore living sill, install riprap for shoreline stabilization and
relocate 80 linear feet of marine mattresses
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Hugaett at the address above by July 13, 2015. If you have any questions
regarding the proposed project, contact Heather Coats at [phone] when appropriate, in depth
comments with supporting data is requested.
/r qo
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
KC. Division of coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www. nccoastalmanaoement net
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IFWA
Aff.
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 23, 2015
Brunswick County
DWR Project #: 15 -0627
North Carolina Division of Cultural Resources
Mr. Mark Cooney
8884 St. Phillips Road, SE
Winnabow NC 28479
Subject Property: Brunswick Town Shoreline Stabilization
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cooney,
You have our approval, in accordance with the attached conditions and those listed below to impact
27,525 square feet (0.631 acres) of open waters in order to construct an offshore living sill, to install
riprap for shoreline protection, and to relocate 80 linear feet of marine mattresses as described in
your CAMA application dated June 23, 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 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 LAMA 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 anew
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 115A NCAC 02H.0501 and .0502}.
2. 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
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone. 910 - 796 -7215\ Internet. www,ncdenr.gov
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Brunswick Town Shoreline Stabilization
Brunswick County
2015 -0627
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) shall not be exceeded as
described in 15 A NCAC 213 .0220. 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.
5. The permittee 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/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. 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. [I 5A 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 permittee /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 (800) 858 -0368. 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 02B .0200
(3)(f), and GS 143 Article 21A].

3
Brunswick Town Shoreline Stabilization
Brunswick County
2015 -0627
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. 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: httD: // Doi -tal.iicdenr.orehweb /warswphvs/ 401 /certsandmnnits /anoly /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 httU: / /NAIv«.ncoah.coni/ 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 OAR 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 ,
F,

4
Brunswick Town Shoreline Stabilization
Brunswick County
2015 -0627
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 oFti I 2015- a
This letter completes the review of the Division of Water Resources under �i�y� ,i,.of the lean
Water Act. If you have any questions, please telephone Jennifer Burdette in the Cer ' ;;ffi e in
Raleigh at 919.807.6364 or Jennifer.Burdette�;ncdenr.�!ov or Chad Coburn in the DWR
Wilmington Regional Office at 910.796.7379 or Chad. Coburnnncdenr.P-ov.
Sincerely, .
Jim Gre'g--n-� Regional Supervisor
Water Quality Regional Operations Section
l Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3900
cc: Jason Hales — SEPI Engineering and Construction, 5030 New Centre Drive, Suite B,
Wilmington, NC 28403
Tyler Crumbley - USACE Wilmington Regulatory Field Office
Jennifer Burdette — Wetlands and Buffer Unit
Doug Huggett — DCM Morehead City
Heather Coats — DCM Wilmington
WiRO
�j 4 - s{

AESVOWRR
4
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
DWR Project No:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
County:
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 this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, ., hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If 'this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications „and other supporting
materials.
Signature: Dater
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St, Raleigh, North Carolina 27604
Phone 919 - 807 -6300 ' FAX. [phone]
Internet www.ncwaterquality.org
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