20021159 Ver 3_Approval Letter_20160226 (2)

Water Resources
ENVIRONMENTAL QUALITY
Alexander and Karen Corteselli
26 Crestwood Road
Port Washington, NY 11050
Chris Majewski
2828 Brenfield Drive
Raleigh, NC 27606
PAT MCCRORY
Gurereor
DONALD R. VAN DER VAART
Secrelary
S. JAY ZIMMERMAN
February 26, 2016 Director
DW R Project q 2002 1159 V3
Pender County
Subject Property: Lot 19 Oceanaire SD, Surf City
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Corteselli and Mr. Majewski;
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact 0.018 acres of wetlands, as described in your After -the Fact Pre construction
application (PCN) dated February 11, 2016 and received by the Division of Water Resources (Division) on
February 12, 2016. These impacts are covered by the enclosed General Water Quality Certification
Number 3890 (GC 3890) and additional conditions listed below. This Certification allows you to use the
404 Nationwide 18 permit when issued by the US Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the enclosed certification or general permit and the
following additional conditions:
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
State ofNonh Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215
Amount Approved (Units) Plan Location or Reference
Open Waters/Shallow Bottom
N/A
Stream
N/A
404/401 wetlands (filled)
Impact W1
Permanent Boundary and Physical Survey for CIL
(788 sq ft) 0.018 acre Partners, Inc. sealed 2/11/16 (attached)
State ofNonh Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Alexander and Karen Corteselli and Chris Majewski
DWR Permit # 20021159 V3
February 26, 2016
Page 2 of 4
2. 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 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 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 (15A NCAC 02H .0501 and .0502).
3. 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.
4. The applicant/permitee 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 Resources Certification.
5. 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 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
6. 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
permitee/contractor shall immediately contact the Division of Water Quality, between the hours of
8 am to 5 pm at the Wilmington Regional Office at 910.796.7315 and after hours and on weekends
call [phone]. 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 0213 .0200 (3)(f), and GS 143 Article 21A]
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 0213 .0200 (3)(f)]
8. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this project area will require a
modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A
NCAC 021-1.0501 and .0502]

Alexander and Karen Corteselli and Chris Majewski
DWR Permit # 20021159 V3
February 26, 2016
Page 3 of 4
9. Please be aware that by having impacted wetlands without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina
Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities will result
in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal
Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or
coverage under a general certification required by Section 401 of the Federal Water Pollution
Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant
to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. [ISA NCAC 2H.05001
10. This certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
11. 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 copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten
days of project completion (available at:
http://portal. ncden r.ora/web/wci/swo/ws/401/certsa ndi)ermits/apply/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 http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 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.

Alexander and Karen Corteselli and Chris Majewski
DW R Permit # 20021159 V3
February 26, 2016
Page 4 of 4
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 of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please contact Jennifer Burdette in the Central Office in Raleigh at
919.807.6364 or [e-mail] or Joanne Steenhuis in the DWR Wilmington Regional
Office at 910.796.7306 or Joanne.Steenhuis(@ncdenr.eov.
Sincerely,
Jim Gregs egi 1S1 Supervisor
Water uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC3890
Certificate of Completion
cc: Kim Williams —LMG— electronic copy
Patti Arnold - Town of Surf City — electronic copy
Emily Greer - USACE Wilmington Regulatory Field Office —electronic copy
Jennifer Burdette - DWQ 401 Unit
Heather Coats - DCM Wilmington — electronic copy
WiRO