20161174 Ver 1_Approval Letter_20161222

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ENVIRONMENTAL QUALITY
November 23, 2016
MEMORANDUM:
RECEIVED/NCDENR/M
NOV 2 9 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
TO: Robb Mairs
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
PAT M CRORY
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DONALD R. VAN DER VAART
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SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: N.C. Coastal Federation
BRAXTON DAVIS
nireeanr
Project Location: Carteret County, at North River Farms, off Hwy 70, adjacent to Williston
Creek.
Proposed Project: Proposes to convert existing agriculture fields into Coastal Wetlands that will
be contiguous with Williston Creek.
Please indicate below your agency's position or viewpoint on the proposed project and returnthis form by
December 13, 2016. If you have any questions regarding the proposed project, please contact Ryan
Davenport, Permit officer at [phone]. Ext. 210. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommenuwd changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
-
State of North Carolina I &nvhonmental Quality I Coastal Management
400 Conlmeree Avenue I Morehead City, NC 28557
252,809-28081252-2473330 (fix)

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North Carolina Coastal Federation
PAT MCCRORY
DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
December 22, 2016
Carteret County
DWR Project: 20161174
c/o Mr. Todd Miller;.
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3609 NC 24
Newport, NC 28570
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Subject Property:
North River Wetlands Preserve Williston-, s
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Miller,
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.18 acres (8,052 square feet) of open water in order to convert existing agricultural fields
into Coastal Wetlands as described within your application received by the Division on November
29, 2016. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 3900 (GC 3900).
You should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your proj ect including (but not limited to) Erosion and Sediment Control,
Non -discharge, 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 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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
State of North Carolina [ Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, NOM Carolina 27699-1611
919 707 9000

N.C. Coastal Federation- North River Wetlands Preserve Williston Phase I
Carteret County
20161173
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name { 15A NCAC 02H.0501 and .0502].
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213.0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H.0507 (c) and 15A NCAC 0211.0506 (b)(2) and (c)(2)]
6 Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including 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, than the Division may reevaluate and modify this General Water
Quality Certification. [15ANCAC 02H .0507(d)]

N.C. Coastal Federation- North River Wetlands Preserve Williston Phase I
Carteret County
20161173
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
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 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 0213 .0200 (3)(f), and GS 143 Article 21A].
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)].
This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10 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 and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
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 and its 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
hit 2://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).

N.C. Coastal Federation- North River Wetlands Preserve Williston Phase I
Carteret County
20161173
The petition maybe 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:
Ifsending 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 petition must also be served to DEQ:
Sam M. 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 of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone or Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7427 or [e-mail].
Sincerely,
r
regson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Kris Bass —Kris Bass Engineering
Liz Hair - USACE Wilmington Regulatory Field Office
Doug Huggett — DCM Morehead City
DWR 401 & Buffer Permitting Branch file
WiRO