20161062 Ver 1_Approval Letter_20161229

�v
Coastal Management
ENVIRONMENTAL QUALITY
October 31, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
_ Applicant:
Project Location:"
Proposed Project:,
Robb Mairs
Division of Water Resources
Courtney Spears
Major Permits Processing Coordinator
liavernor
DONALD R. VAN DER VAART
SerrefarJ.
BRAXTON DAVIS
Director
RECEIVED/NCDENR/DWR
NOV 02 2016
Water Quality Regional
Wilco Aerations Se cion
gtoh Regional Office
CAMA/DREDGE & FILL Permit Application Review
NCDMF-Huggins Creek
Proposes to construct an artificial reef in Huggins Creek, near Cedar Point.
Carteret County, in Huggins Creek adjacent to spoil island near Cedar Point.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 20, 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. f \� e1 1 et'
This agency has no comment on the proposed project. ALS
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE p j —G `Y 9U
State of North Carolina I Environmental Quality I CoMW Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247.3330(fax)
ifIIAREt>1AMm1Nlf�mow

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
DONALD R. VAN DER VAART
serrerary
S. JAY ZIMMERMAN
Dnecmr
December 29, 2016
DWR Project # 20161062
Carteret County
NC Division of Marine Fisheries
Attn: Jason Peters orila t' s � lr�
P.O. Box 769 ka 4 fir] 1
3441 Arendell Street
Morehead City, NC 28557 r� ��� ` ��'
ilf
Subject Property: Artificial Reef in Huggins Creek, near Cedar Point
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Peters:
You have our approval, in accordance with the attached conditions and those listed below to
construct an artificial reef, as described in your CAMA application dated October 12, 2016, and
received by the Division of Water Resources (Division) on November 2, 2016. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit
No. 198000194 permit when issued by the US Army Corps of Engineers and the CAMA Major
Permit when issued by the Division of Coastal Management. 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 attached certification and any
additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

NC DMF
D W R # 2016-1062
Page 2 of 4
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 new
application package with the appropriate fee.
3. 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.
4. 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.
5. The applicant/permitee 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.
6. All mechanized equipment operated near or in surface waters will be regularly
inspected and maintained to prevent contamination of waters 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
Resources, 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.
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
Amount Approved (Units)
Plan Location or Reference
Open Waters
Approximately 0.24 acres
(Reef balls material)
Figures 1 through 5, project
narrative and attachment 1
Coastal wetlands
N/A
404/401 wetlands
N/A
Buffers
N/A
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 new
application package with the appropriate fee.
3. 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.
4. 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.
5. The applicant/permitee 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.
6. All mechanized equipment operated near or in surface waters will be regularly
inspected and maintained to prevent contamination of waters 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
Resources, 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.
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

NC DMF
DWR # 2016-1062
Page 3 of 4
authorized agent is required to return the enclosed certificate of completion form to the
NCDENR 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 also available at:
http://porta I. n cd en r. org/web/wq/swp/ws/401/certsa ndperm its/apply/forms).
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
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:
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 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 Robb Mairs in the DWR Wilmington Regional Office at
910.796.7427 or Robb. [e-mail].

NC DMF
DWR # 2016-1062
Page 4 of 4
Sincerely, �p _
Jim a son, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 3900
ec: Liz Hair - USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Doug Huggett - DCM Morehead City
WiRO