20160258 Ver 1_Approval Letter_30160322

Water Resources
ENVIRONMENTAL OVALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
March 22, 2016
DWR # 16-0258
Hyde County
Paul and Susan Wood
31235 Morris Leonard Road
Parsonsburg, Maryland 21849
Subject: Approval of 401 Water Quality Certification with Additional Conditions
95 Widgeon Woods- Bulkhead
Dear Mr. and Mrs. Wood:
You have our approval for the impacts listed below for the purpose described in your application dated
March 8, 2016 and received by the Division of Water Resources (Division) on March 14, 2016. These
impacts are covered by the attached Water Quality General Certification Number(s) 3885 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 13
once it is issued to you by the U.S. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Tar -Pamlico River Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact Amount
Amount
Plan location/
Approved (units)
Approved (units)
Reference Attached
Permanent
Temporary
Open Waters
OW -1 (Bulkhead) 0.02 (acres)
0 (acres)
Citimortgage, Inc. Lot -1
— Block A— Widgeon
Woods — Ocracoke
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
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Wazhington Square Mail, Washington, NC 27889
252-946-6481

PAUL AND SUSAN WOOD
DWR# 16-0258
401 APPROVAL
Page 2 of 5
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3885. [15A NCAC 02B .0507(c)]
4. 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 Washington Regional
Office at 252.946.6481 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
02B .0200 (3)(f), and GS 143 Article 21A]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SA Waters (3)(g) 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; (1) 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. [15A NCAC 02B .0221]
6. Re Opener Clause
Paul and Susan Wood and their authorized agents shall conduct their activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. Paul and Susan Wood shall
require their contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of their contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract
and available on the job site at all times. If DWR determines that such standards or laws
are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance
with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the Paul
and Susan Wood and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing,
shall be provided to the United States Army Corps of Engineers for reference in any permit

["1 W 1 U�1�bl1 \�itL�Z�I
DWR# 16-0258
401 APPROVAL
Page 3 of 5
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H
.0507 (c)]
8. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
9. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
These Certifications 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: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: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

PAUL AND SUSAN WOOD
DWR# 16-0258
401APPROVAL
Page 4 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
D
11 �-
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3885
Certification of Completion
cc: Courtney Spears, DCM Morehead City
Steve Trowell, DCM WaRO (via email)
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Laserfiche
File

PAUL AND SUSAN WOOD
DWR# 16-0258
401APPROVAL
Page 5 of 5

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