20161005 Ver 1_Approval Letter_20161110

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
NOT A CAMA PERMIT Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
November 10, 2016
Robert V. Owens, III
301 West Fresh Pond Drive, Unit 1
Kill Devil Hills, NC 27948
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Owens Property — 361 Mother Vineyard Road, Manteo
Dear Mr. Owens:
Director
DWR # 2016-1005
Dare County
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2016 and received by the Division of Water Resources (Division) on October 20, 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 certifications) 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
(units)
Permanent
Amount Reduced
(units)
Temporary
Plan location/
Reference
Attached
Open Water
OW -1 (Bulkhead Fill in Sound)
0.05 (acres)
0 (acres)
Sheet No. 1 of 2
OW -2 (Bulkhead Fill in Canal)
0.02 (acres)
0 (acres)
Sheet No. 2 of 2
OW -3 (Dock Shading)
0.01 (acres)
0 (acres)
Sheet No. 2 of 2
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 I Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

ROBERT V. OWENS, III
DWR# 2016-1005
401 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)]
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 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 .0220]
6. 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.
Other Conditions
7. Re Opener Clause
Robert V. Owens, III and his 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. Robert V. Owens, III shall require his

ROBERT V. OWENS, III
DWR# 2016-1005
401APPROVAL
Page 3 of 4
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 Robert V. Owens, III
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.
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)]
9. 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.ore/web/wq/swp/ws/401/`certsandoermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
10. 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
ROBERT V. OWENS, III
DWR# 2016-1005
401 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
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
a4f
Robert Tankard, Assista t 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 Elizabeth City
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche

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