20160352 Ver 1_Approval Letter_20160927

Environmental
Quality
NOT"a�� HERMIT
September 27, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 16-0352
Dare County
N.C. Seafood Industrial Park Authority-Wanchese
Attn: Mr. Bob Peele, Director
615 Harbor Road
Wanchese, NC 27981
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Broad Creek Pier System and Breakwater
Dear Mr. Peele:
You have our approval for the impacts listed below for the purpose described in your application dated
March 21, 2016 and received by the Division of Water Resources (Division) on April 8, 2016 with
subsequent information received on May 20, 2016, August 8, 2016, August 18, 2016, and September 1,
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 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 Approved
Plan location/
(units)
(units)
Reference Attached
Permanent
Temporary
Wetlands
W-1 (Shading)
0.04 (acres)
0 (acres)
Sheet No. 1 of 1
State of North Carolina I Environmental Quality � Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889

Open Waters
OW -1 (Piers, fingers pier
0.41 (acres) 0 (acres) Sheet No. 1 of 1
and walkway)
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 02H .0501 and 0502]
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)]
4. 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]
S. The construction of the docking facility may not cause any additional closure of shell
fishing by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B
.0201(f) and 15A NCAC 02B .0221(1).
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 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]
7. Spills
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant
spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR
117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report
spills including: any oil spills of 25 gallons or more and any spill regardless of amount that
causes sheen on surface waters.

8. Re Opener Clause
N.C. Seafood Industrial Park Authority-Wanchese 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. N.C.
Seafood Industrial Park Authority-Wanchese 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 N.C. Seafood Industrial Park Authority-Wanchese 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 issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
9. State Stormwater Management Plan (SMP) and General Permit No.NCG190000 Approved
by Division Stormwater Program Required
You are required to provide one copy of the National Pollutant Discharge Elimination
System General Permit No. 190000 (NCG190000) approval letters from the Division of
Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Unit
(1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this
certification occur. The project must be constructed and maintained in compliance with
the approved NCG190000. After the approval letter is submitted to the Division, the
NCG190000 may not be modified without prior written authorization from DEMLR. If the
NCG190000 are modified in the future, then you shall provide an approval letter for the
modifications to the DWR 401 & Buffer Permitting Unit prior to the commencement of
the modifications. [15A NCAC 02H .0506(b)(5)]
10. 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 02B .0200 (3)(f)]
11. Pump -Out Facility

The Pump -Out facility associated with the marina shall be equipped with emergency
spill containment equipment. Any spills associated with this facility must be reported to
the DWR within 24 -Hours of the incident. [15A NCAC 02H .0506(b)(5)]
12. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations.
13. The N.C. Seafood Industrial Park Authority-Wanchese and their authorized agents must
establish and enforce a locked head policy. [15A NCAC 02H .0506(b)(5)]
14. As -Built Drawings
Within 60 days of completion of construction, as -built drawings shall be submitted to both
the Division of Water Quality, 401 & Buffer Permitting Unit, 1617 Mail Service Center,
Raleigh NC 27699-1617 and to the Washington Regional Office. [15A NCAC 02H .0507 (c)]
15. 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)]
16. 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)]
17. 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 8:00 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.
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 Environment and Natural Resources
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
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
e -R au� 7j—j
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
Frank Jennings, DCM WaRO
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
Laserfiche
File
Brian Rubino, Quible & Associates, P.C. (email: [e-mail])