HomeMy WebLinkAbout20240282 Ver 1_Approval Letter_20240408 (2)DocuSign 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:
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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