20180818 Ver 1_Approval Letter_20180727

State of North Carolina | Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULLPEPPER
Interim Director Water Resources
Environmental Quality

July 27, 2018

Carteret County
DWR Project: 20180818
Sanitary Fish Market & Restaurant, Inc.
Attn.: Jeffrey Garner
P.O. Box 38
Morehead City, NC 28557

Subject Property: Sanitary Fish Market & Restaurant Marina reconfiguration

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Garner,

You have our approval, in accordance with the attached conditions and those listed below to reconfigure
and expand an existing commercial open water marina within Harbor Channel as described within your
application received by the Division on June 14, 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,
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:

1. 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
DocuSign Envelope ID: CC33CE6F-7539-4E64-8E5D-E44E6569F0B0
Sanitary Fish Market & Restaurant, Inc.- Carteret County
DWR Permit # 20180818
July 27, 2018
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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}.

2 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.

3 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 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 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 02H .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. [15A NCAC 02H .0507(d)]
DocuSign Envelope ID: CC33CE6F-7539-4E64-8E5D-E44E6569F0B0
Sanitary Fish Market & Restaurant, Inc.- Carteret County
DWR Permit # 20180818
July 27, 2018
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7 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 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 02B .0200 (3)(f), and GS 143 Article 21A].
8 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)].
9 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:
http://portal.ncdenr.org/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.

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.

DocuSign Envelope ID: CC33CE6F-7539-4E64-8E5D-E44E6569F0B0
Sanitary Fish Market & Restaurant, Inc.- Carteret County
DWR Permit # 20180818
July 27, 2018
Page 4 of 4

Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 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,

Morella Sanchez-King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosure: GC 4144

cc: Liz Hair - USACE Wilmington Regulatory Field Office-EC
Gregg Bodnar – DCM Morehead City-EC
DWR 401 & Buffer Permitting Branch file- LF
WiRO

DocuSign Envelope ID: CC33CE6F-7539-4E64-8E5D-E44E6569F0B0