20140940 Ver 3_Approval Letter_20160107

PAT MCCRORY
Ki4
.. Govenmr
DONALD R. VAN DER VAART
'� Secretary
Water Resources �0� S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
January 7, 2016 Direct.,
®®,� DWR Project # 2014 0940 V3
PERS Aow County
Town of North Topsail Beach 'V�at
Attn: Stuart Turille, Town Manager
2008 Loggerhead Court
North Topsail Beach, NC 28460
Subject Property: Emergency Sandbag Revetment from 2276 to 2382 New River Inlet Drive at the
north End of Topsail Island, North Topsail Beach
Modified Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Turille:
You have our approval, in accordance with the enclosed conditions and those previously listed in
approval dated November 18, 2014 to continue the operation, function and or placement of the existing
temporary containment tube (Geotube), as described in your CAMA application dated May 8, 2015 and
received by the Division of Water Resources (Division) on May 11, 2015 with subsequent information
received on June 16, 2015 (hold request) and January 7, 2016 (hold request removed). 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 previously issued certification along with
the attached certification. Please re -read the conditions to make sure that you are in compliance.
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, the previously issued approval dated November 18, 2014 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 httn://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Town of North Topsail Beach
Attn: Stuart Turille, Town Manager
DWR Project tJ 2014 0940 V3
January 7, 2016
Page 2 of 2
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 B:OOam and S:OOpm,
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.
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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the
Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis(@ncdenr.gov if you have any questions
or concerns.
Sincerely,
Ji Gre son, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 3900
cc: KenWillson— CBI —electronic copy
Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Jason Dail —DCM Wilmington—electronic copy
Jennifer Burdette — Wetlands and Buffer Unit
Heather Coats - DCM Wilmington — electronic copy
WiRO