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Home My WebLink About20240282 Ver 1_Approval Letter_20240408DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 8, 2024 DWR # 20240282 Brunswick County Milo Development, LLC ATTN: Leonard Woodall, Jr. 3724 National Drive Suite 219 Raleigh, NC 27612 Delivered via email to: len@woodallcpa.com Subject: Approval of Individual 401 Water Quality Certification 3706 E. Yacht Drive — Oak Island — Atlantic Intracoastal Waterway Dear Mr. Woodall: Attached hereto is a copy of Certification No. WQC006769 issued to Leonard Woodall and Milo Development, LLC, dated April 8, 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 rt North Carolina Department of Environmental Quality I Division of Water Resources D�J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NOR1H CARouNa �/ 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project #20240282 WQC006769 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 (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: m61(t II& SaIn,GU,c/LjAi" A2KE126A9394A6... t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. WArnington, North Carolina 28#05-5406 Noa1HCAaD_NA 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project #20240282 WQC006769 Page 3 of 8 Electronic cc: Dana Lutheran, consultant, Morella Sanchez -King Regional Operations Supervisor Division of Water Resources David Moose, USACE Wilmington Regulatory Field Office Maria Dunn, NCWRC DWR 401 & Buffer Permitting Branch Electronic file Filename: 20240282_3706 E. Yacht Dr. 0I_IWQC_BrunsCo_Apr.24 D � �� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. WiQmington, North Carolina 28#05-5406 NOR1H CARou Na 910.796.7215 3704 E. Yacht Drive Oak Island DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E DWR Project #20240282 WQC006769 Page 4 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC006769 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 Leonard Woodall and Milo Development, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on February 14, 2024, fee received on February 23, 2024 and by Public Notice issued by the Division on February 21, 2024, 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 are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Riparian Wetlands Fill for Home Construction 0.039 acres N/A N/A Construction Buffer N/A 0.007 acres Totals: 0.039 acres 0.007 acres N/A This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: Due to the possibility that compaction, sloughing and/or other site alterations within the coastal wetlands and estuarine waters may occur based on construction methodology resulting in impacts outside the authorized building foundation footprint the applicant is cautioned to take all necessary measures to ensure that these impacts do not occur. The permittee shall schedule an agency post -construction field meeting with the NCDWR to determine if the any unintended impacts have occurred outside of the authorized impact area. If it is determined the waters and/or wetland areas impacted have not maintained jurisdictional status, the NCDWR shall determine if compensatory mitigation and/or restoration is to be required. Citation: 15A NCAC 02H.0506(b)(2) and (b)(3) 2. The Permittee shall secure an approved stormwater management plan (SMP) from NCDEMLR before ony impacts authorized in this certification occur. The applicable portion of the approved SMP shall be constructed and operational before any permanent building or other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project #20240282 WQC006769 Page 5 of 8 device, it must be restored to the approved stormwater design condition within 30 days of close-out of the Erosion and Sediment Control Plan. Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c) 3. Concrete construction materials used for structural components, such as deadman anchors, tie- back systems, concrete caps concrete footers, shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and adjacent surface waters. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) All retaining wall backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall not be used. All retaining wall backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation: 15A NCAC 02H. 0506 (b)(1)-(3) 6. 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) 7. 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) 8. 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. t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project #20240282 WQC006769 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 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 10. 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) 11. 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 t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project #20240282 WQC006769 Page 7 of 8 12. 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 028 .0200, 15A NCAC 028 .0231 13. 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 14. 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 15. 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) 16. 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) 17. 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)] t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NoalHCaaD-wa 910.796.7215 DocuSign Envelope ID: 316D3FEB-3178-4C15-9D62-3632F996D07E 3704 E. Yacht Drive Oak Island DWR Project#20240282 WQC006769 Page 8 of 8 This, the 8th day of April 2024 DocuSigned by: C 6v� lla s '—Li' A2B5E126A1314A6... Morelia Sanchez -King Regional Operations Supervisor Division of Water Resources D � �� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. WiQmington, North Carolina 28#05-5406 NOR1H CARou Na 910.796.7215