20161004 Ver 1_Approval Letter_20161121

Water Resources NOT A C ViIA PERMIT
ENVIRONMENTAL QUALITY
November 21, 2016
Charles and Carol Holden
141 Foxx Lane
Knotts Island, NC 27950
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Holden Residence -141 Foxx Lane, Knotts Island
Dear Mr. and Mrs. Holden:
Director
DWR # 2016-1004
Currituck County
You have our approval for the impacts listed below for the purpose described in your application dated
October 13, 2016 and received by the Division of Water Resources (Division) on October 20, 2016 with
subsequent information received on November 16, 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
Amount Reduced
Plan location/
Approved
(units)
Reference
(units)
Temporary
Attached
Permanent
Open Water
OW-1(Bulkhead Fill in Sound)
0.09 (acres)
0 (acres)
Sheets 1 of
OW -3 (Dock Shading)
0.04 (acres)
0 (acres)
Major
Figure
Figure
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. It
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 ResourcesWaterQuality Regional Operations Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946.6481

CHARLES AND CAROL HOLDEN
D W R# 2016-1004
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. No waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind occur in wetlands, waters, or riparian buffer areas
beyond the footprint of the impacts depicted in the application. All construction
activities, including design, installation, operation, and maintenance of sediment and
erosion control Best Management Practices, shall be performed so that no violation of
state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
5. 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]
6. 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]
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.
Other Conditions

CHARLES AND CAROL HOLDEN
DWR# 2016-1004
401 APPROVAL
Page 3 of 4
8. Re Opener Clause
Charles and Carol Holden 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. Charles and Carol Holden 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 avajlable 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
Charles and Carol Holden 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. 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)]
10. 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/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
11. 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). .

CHARLES AND CAROL HOLDEN
DWR# 2016-1004
401 APPROVAL
Page 4 of 4
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
One (1) copy of the petitiop 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 anthonv.scarbrauahCancdenr.eov 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: Daniel Govoni, DCM Morehead City (via email)
Ron Renaldi, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche

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