20160684 Ver 1_Staff Comments_20160725

PAT MCCRORY
Govwnor
i'
DONALD R. VAN DER VAART
sec.eroly
11ECEIVED/NCDEK1r" T;lA
BRAXTON DAVIS
Coastal Management Director
ENVIRONMENTAL QUALITY
'JUL 15 2C'S
July 8, 2016
WaterpualityReyirr•:•! �N(GZ PfLcJ�c-c
Operations Seca:;
Washington Regional tt'i,. ra
MEMORANDUM drag y
TO: Robert Tankard, Environmental Engineer
DWR - Water Quality, Aquifer Protection Section, WaRO
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Andrew & Lisa Wright
Project Location: 251 N. Dogwood Trail in Southern Shores, Dare County
Proposed Project: Double -lift boathouse with touchless boat cover system
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07/29/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce
_Avenue, Morehead City, NC 28557 (fax: [phone]. If you have any questions regarding
the proposed project, please contact Ron Renaldi at [phone]. When appropriate, in-depth
comments with supporting data are requested.
� No I..I RrT Tom. rJ
REPLY: This agency has no objection to the project as proposed.
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE —1 / 2 5 /`Z of (�
- ""Nothing Compares.
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-39011252-264-3723 [fax]

3 �'y
Water Resources
ENVIRONMENTAL QUALITY
Andrew Wright
6475 North Croatan Highway
Kitty Hawk, NC 27949
PAT MCCRORY
co..,,o,
DONALD R. VAN DER VAART
scm1my
S. JAY ZIMMERMAN
July 25, 2016 Dtrector
DWR # 2016-0684
Dare County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Install new double boatlift (in place of existing) with touchless boat cover system
Dear Mr. Wright:
You have our approval for the impacts listed below for the purpose described in your application dated
June 15, 2016 and received by the Division of Water Resources (Division) on July 15, 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
CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should
get any otherfederal, 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 (720 sq ft): Shaded
0.017 (acres)
0 (acres)
Double Boatlift &
Total Open Water Impacts
Boat Cover
(Shaded)
0.017 (acres)
0 (acres)
(replacing
existing)
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
State of North Carolina J Environtnental Quality I Water Resources —Water Quality Regional Operations Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Mr. Andrew Wright
DWR# 2016-0684
401 AND BUFFER APPROVAL
Page 2 of 4
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 02B .0507(c)]
Continuina 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 Acta [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
S. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0222 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 0213 .0222]
Other Conditions
6. Re Opener Clause
Mr. Andrew Wright 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. Andrew Wright 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 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. Andrew Wright and

Mr. Andrew Wright
DWR# 2016-0684
401 AND BUFFER APPROVAL
Page 3 of 4
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 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://13ortal.ncdenr.org/web/wci/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 8:00am and 5:00pm, 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
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Mr. Andrew Wright
D W R# 2016-0684
401 AND BUFFER APPROVAL
Page 4 of 4
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 Rules. Please
contact Don Burke at 252-948-3966 or [e-mail] if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion
Cc: Courtney Spears, DCM Morehead City
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Laserfiche
WaRO DWR File
George H. Wood (Environmental Professionals, Inc., PO Box 3368, Kill Devil Hills, NC 27948)

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