20160578 Ver 1_Approval Letter_20160621

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
c�,irrrn,.
DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
June 20, 2016 Doe,tof
D W R # 2016-0578
Currituck County
David Cooper
3209 Nine Elms
Virginia Beach, VA 23452
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Additional bulkhead replacement (LAMA Minor Modification Request)
Dear Mr. Cooper:
You have our approval for the impacts listed below for the purpose described in your application dated
January 05, 2016 and received by the Division of Water Resources (Division - WaRO) on June 10, 2016.
These impacts are covered by the attached Water Quality General Certification Number 3900 and the
conditions listed below. This certification is associated with the use of CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to
use the LAMA Major Permit when the Division of Coastal Management issues it. 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 are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c))
Type of Impact
Amount Approved
Amount Reduced
Plan location/
(units)
(units)
Reference
Permanent
Temporary
Attached
Open Water
OW -1 (34' x 6' Pier)
0.005 (acres)
0 (acres)
Bulkhead
OW -2 (16' x 16' Dock)
0.006 (acres)
0 (acres)
Installation Plan
(includes
Total Open Water Impacts
0.011 (acres)
0 (acres)
pier/docking
(460 sq ft)
facility for 2 tie
on slips)
Buffers -ZoneI
Bulkhead
B-1
3120 (square feet)
1 0 (square feet)
Installation
State of North Carolina I Environmental Quality l Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Mr. David Cooper
DWR# 2016-0578
401 AND BUFFER APPROVAL
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 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) 3900. [15A NCAC 028.0507(c)]
Continuing Compliance
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.0220 Tidal Salt Water Quality for
Class SC 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 .0220]
Other Conditions
6. Re Opener Clause
Mr. David Cooper and any 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. Mr. Mr. David Cooper shall require any
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

Mr. David Cooper
DWR# 2016-0578
401 AND BUFFER APPROVAL
Page 3 of 4
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 Mr. Mr. David Cooper
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. 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
issued pursuant to Section 404 of the Clean Water AM, 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 htto:/Iportal.ncdenr.orvJweb/wo/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.143-215.5]
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Mr. David Cooper
DWR# 2016-0578
401 AND BUFFER APPROVAL
Page 4 of 4
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 DENR:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Don Burke at 252-948-3966 or don.burkeOncdenr.aov if you have any questions or concerns.
Sincerely,
D l
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Ron Renaldi, DCM Elizabeth City (1367 US 17 South, Elizabeth City, NC 27909)
TAB Winborne Corporation (2832 West Gibbs Road, Virginia Beach, NC 23457)
Laserfiche
WaRO DWR File