20180260 Ver 1_Approval Letter_20180329 (3)

DocuSign Envelope ID: FE3lF828-C963-4E59-801C-135E1C14CFA2
s
Water Resources
Environmental Quality
City of Jacksonville
Attn: Pat Donovan -Potts
P.O. Box 128
Jacksonville, NC 28540-0001
March 29, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR Project # 20180260
Onslow County
THIS IS NOT A CAMA PERMIT
Subject Property: New River Estuary Oyster Highway, Onslow County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Donovan -Potts:
You have our approval, in accordance with the attached conditions and those listed below to enhance an
existing artificial reef, as described in your CAMA application dated received by the Division of Water
Resources (Division) on February 20, 2018. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 4144 (GC 4144). This Certification
allows you to use the General Permit No. 198000291 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:
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:
{'Nothing Compares_.
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215
Amount Approved (Units)
Plan Location or Reference
Open Waters (Shallow Bottom)
Approximately 3.11 acres
(oyster castle units oyster
catcherpatties)
Figures 1 through 15, and project
narrative
Coastal wetlands
N/A
404/401 wetlands
N/A
Buffers
N/A
{'Nothing Compares_.
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215

DocuSign Envelope ID: FE31F828-C963-4E59-801C-135E1C14CFA2
City of Jacksonville- New River Estuary Oyster Highway -Onslow County
DWR Permit # 20180260
March 29, 2018
Page 2 of 3
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.
1. 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.
2. 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.
Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .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
4. 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.
5. 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.
6. 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 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://portal.ncdenr.or web/wq/swp/ws/401/certsandpermits/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.

DocuSign Envelope ID: FE31F828-C963-4E59-801C-135E1C14CFA2
City of Jacksonville- New River Estuary Oyster Highway -Onslow County
DWR Permit # 20180260
March 29, 2018
Page 3 of 3
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:
Bill Lane, 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 910.796.7215 or Robb.Mairs(kncdenr.gov.
Sincerely,DocuSigned by:
w 5m4v� 64
EE3ABA14AC7DC434...
Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4144
ec: Liz Hair - USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Gregg Bodnar - DCM Morehead City
WiRO