20180125 Ver 1_Approval Letter_20180214

NOT A CAMA PERMIT
Water Resources
Environmental Qualilp
February 14, 2018
NCDEQ— NC Division of Marine Fisheries
Attn:Jason Peters
PO Box 769
Morehead City, NC 28557
ROY COOPER
Gowgwar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lnfe!'i n DU@CfOr
DWR # 18-0125
DARE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NC DIVISION OF MARINE FISHERIES - AR -165
Dear Mr. Peters:
You have our approval for the impacts listed below for the purpose described in your application dated
January 11, 2018 and received by the Division of Water Resources (Division) on January 23, 2018. These
impacts are covered by the attached Water Quality General Certification Number4144 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 Reduced
Plan location/
(units) (units)
Reference
Permanent Temporary
Attached
Open Water
OW -1 (Fill from two vessels and
8,000 tons of recycled precast
9.3 (acres) 0 (acres)
Figure 3
concrete)
2. Water Quality Certification
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

NCDEQ- DIVISION OF MARINE FISHERIES
DWRff 18-0125
401 APPROVAL
Page 2 of 3
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4144. [15A NCAC 02B .0507(c)]
Continuing Compliance
3. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SB 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 .0222)
4. Recycled Concrete Inspection
All reuse and/or recycled concrete must be free from loose dirt, fine particulate material,
and other pollutants. This Office will require an initial on-site meeting between the
Division staff, Division of Marine Fisheries and the demolition contractor representatives
prior to the two vessels being deployed to ensure materials are free from pollutants. [15A
NCAC 02B .0222]
Other Conditions
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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 8:00am and 5:00pm, 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 DEQ:

NCDEQ- DIVISION OF MARINE FISHERIES
DWR# 18-0125
401APPROVAL
Page 3 of 3
William F. Lane, 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 Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or [e-mail] 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 4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Frank Jennings, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche
File

0 250 500 1 000 Feet
AR -165
Figure Date flovember 16 2017
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Reef Buffer Area
Figure 3. AR -165 site plan showing planned deployment locations for concrete material
and vessels. The reef site is 162.77 acres in size.
Received
. y CM -EG