20140940 Ver 4_Approval Letter_20160728

PAT MCCRORY
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DONALD R. VAN DER VAART
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141oterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
July 28, 2016 Ar"Clor
Onslow County
DWR# 2014-0940v4
Town of North Topsail Beach
Attn. Stuart Turille,Town Manager
2008 Loggerhead Court
North Topsail Beach, NC 28460
Subject Property: Phase I Emergency Sandbag Revetment
Modified Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.Turllle.
You have our approval, in accordance with the enclosed conditions and those previously listed in
approvals dated November 18, 2014, and January 7, 2016, to allow the existing temporary containment
tubes (Geotubes) from 2284 to 2382 New River Inlet Road to remain in place through 2022 or until a
"long-term solution to the erosion problem can be implemented", as described in your CAMA
application dated June 10, 2016 and received by the Division of Water Resources(Division)on June 17,
2016. After reviewing your application,we have decided that the impacts are covered by General Water
Quality Certification Number 3900 (GC 3900) In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including (but
not limited to) Erosion and Sediment Control, Non-discharge, Water Supply Watershed, and stormwater
regulations. Also,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 or CAMA Permit. This
approval requires you to follow the conditions listed in the previously issued certification along with
the attached certification. Please re-read the conditions to make sure that you are in compliance.
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,the previously issued approvals
dated January 7, 2016,and November 18, 2014,and their 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(919)431-3000 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 S:00pm,
excluding official state holidays).
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext,Wilmington,NC 28405
919 796 7215

Town of North Topsail Beach
DWR#2014-0940v4
Page 2 of 2
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 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 telephone Jennifer Burdette in the Central Office in Raleigh
at 919.807.6364 or [e-mail] or Chad Coburn in the DWR Wilmington Regional
Office at 910.796.7379 or [e-mail].
Sincerely,
G egson, Regional upervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 3900
cc: Liz Hair- USACE Wilmington Regulatory Field Office Q
Jennifer Burdette—Wetlands and Buffer Unit C��O
Courtney Spears- DCM Morehead City
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r PAT MCCRORY
DONALD R. VAN DER VAART
a C!,i,7..ri
Water Resources S JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
On e,:Io1
DWR Project No: County:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
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 is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant,the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, . , hereby state that,to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications,and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that,to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, . as a duly registered Professional
Engineer, Landscape Architect, Surveyor,etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time)the construction of the project,for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting
materials.
Signature: Date:
State of North Carolina I Environmental Quality I Water Resources
1611 Mad service Center I Raleigh,North Carolina 27699-1611
919 707 9000