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Home My WebLink About20240394 Ver 1_Approval Letter_20240415DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 15, 2024 DWR # 20240394 Pender County Andrew Smith 715 Hughes Road Hampstead, NC 28443 Delivered via email to: andrew@hampsteadnchomes.com Subject: Approval of Individual 401 Water Quality Certification 715 Hughes Road — Mill Creek Expansion of Mill Creek Maintenance Dredging & Reconstruct Docking Facility USACE Action ID. No. SAW-2023-02412 Dear Mr. Smith: Attached hereto is a copy of Certification No. WQC006776 issued to Mr. Andrew Smith, dated April 15, 2024. 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)]. 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 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oq e.M�. blQ.,i\ �f 919.707.9000 DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 2 of 8 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 (919) 431-3000. 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@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: tM6 �d1 Saln G �—�i" Morella Sanc 2�sAs3sans... Regional Operations Supervisor Division of Water Resources Electronic cc: Dana Lutheran, consultant Greg Currey, USACE Wilmington Regulatory Field Office Maria Dunn, NCWRC 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: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 3 of 8 DWR 401 & Buffer Permitting Branch Electronic file Filename: 20240394_Smith_715 Hughes Rd_IWQC_PendCo_Apr.24 North Carolina Department of Environmental Quality I Division of Water Resources D ()7.9()()() R- ow512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NQ NORTH CAROLI7 .om �� m.io.si� 919. DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 4 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC006776 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 02B .0200, to Mr. Andrew Smith who have authorization for the impacts listed below, as described within your CAMA minor modification request received by the Division of Water Resources (DWR) on December 8, 2023, and subsequent information received on April 8, 2024 and by Public Notice issued by the Division of Coastal Management on or about December 12, 2023 and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6. 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 described in the renewal request dated December 5, 2023, and subsequent updated permit drawings labeled, are hereby approved. Impacts added or removed pursuant to this modification are shown in bold within the impacts tables. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Temporary Permanent Open Waters Expansion of Mill Creek N/A 0.0436 acres Maintenance Dredge Area (-1,900 sq.ft.) New 4-slip Docking Facility N/A 0.0264 acres (-1,151 sq.ft.) Totals: +/- 0.700 acres This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Please note that the area surrounding the project site contains coastal wetlands. A 10-foot buffer shall be maintained from coastal wetlands to prevent impacts. Citation: 15A NCAC 07H .0208(b)(1), 15ANCAC 07H .0205(d) 2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur outside of the previously permitted dredge limits of the canal system. Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) 3. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. In this case maintenance excavation under the existing docking facility are authorized to a maximum depth of -3 feet Mean Low Water is authorized in the area of the boat slips. 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 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 5 of 8 Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) 4. The effluent water from the dredge spoil should not (if at all practicable) be released into open shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open shellfish water will cause a (temporary) closure of that water which in turn is a degradation of waters and a violation of tidal saltwater quality standards for Class SA Waters. Shellfish Sanitation (252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to occu r. Citation: 15A NCAC 02B .0221 The Permittee shall adhere specifically to 15A NCAC 02B .0221 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 02B .0221 6. Moratoriums The permittee shall comply with any moratoriums per the National Marine Fisheries Service and/or the US Fish and Wildlife Service. Dredging moratoriums shall be observed as required by the National Marine Fisheries Service and US Fish and Wildlife. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 048 .0125 7. 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) 8. 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) When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. 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 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 6 of 8 Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B .0231 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B .0231 11. 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) 12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B .0231 13. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no 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: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 7 of 8 longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) 14. 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 15. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231 16. 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) 17. 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) 18. 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) 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 15th day of April 2024 DocuSigned by: IrKE126A9394M... Vt, & Su,In,Gl�,te'�—�Ci" North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT OARO IINA 919.707.9000 O.P m.Om�m��me�mio�ei� DocuSign Envelope ID: 3807332F-012D-44F6-B642-99B68624079F Smith- 715 Hughes Road Individual Certification #WQC006776 Page 8 of 8 Morella Sanchez -King Regional Operations Supervisor Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINQ 919.7()7.9()()() oawu�em m ��m.i o�si�