20110314 Ver 1_No Written Concurrence_20110516

ATVi-WaYWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
May 16, 2011
Brunswick County
DWQ Project #: 11-0314
Highland Shores Homeowners Association
Mr. John Lister
1002 Club Court
Belville NC 28451
Subject Property: Highland Shores Community Marina
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Lister,
You have our approval in accordance with the attached conditions, to reconfigure and extend the
existing 30 slip docking facility and to install a boatlift within each of the slips as described in
your CAMA Major application received by the DWQ on April 5, 2011. After reviewing your
application, we have decided these impacts are below the threshold for written authorization as
long as all conditions of General Water Quality Certification Number 3641 (GC3641) are met.
This certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands.
This Certification allows you to use the Regional General #1980000291 Permit when issued by
the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
T
Conditions of Certification:
1) Upon completion of the project, the applicant s all con pki6 t e enclosed
"Certification of Completion Form" jo nel y that all the wor in luded in the 401
Certification has been completed. `llie resp a L, 15 the attached form
and return it to the 401/Wetlands Unit of the Divisions d Vat 1
N;P thCarolina
North Carolina Division of Water Quai4 127 Cardinal Drive Extension Phone [phone] Customer S e rvice 1 -8 7 7-6 23 -6 7, .'Vatur,14
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2
Highland Shores Community Marina
Brunswick County
2011-0314
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Please be aware that this area has been designated as a Primary Nursery Area (PNA) by the
North Carolina Division of Marine Fisheries. It is possible that significant shoaling may occur
within the marina area in the future. Any source of water pollution (including dredging) that
may preclude the usage and function of the PNA as mentioned under 15A NCAC 02B .0221 will
be considered a violation of water quality standards and of this certification.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,

Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3641
Certification of Completion "A'
cc: Laura Stasavich -Land Management Group, Inc., P.O. Box 2-522S t , NC 28402
Doug Huggett - DCM Morehead City
Heather Coats - DCM Wilmington
Dave Timpy - USACE Wilmington Field Office
Ian McMillan - Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
WQC #3641
CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN DIVISION OF WATER
QUALITY CONCURRENCE FOR SPECIFIED BOAT RAMPS, BULKHEADS, SHADING,
PIERS, MAINTENANCE DREDGING, UTILITY LINES AND UPLAND DEVELOPMENT
GENERAL 401 WATER QUALITY CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL
PERMIT NUMBERS 198000291 198700056 197800080 197800125 and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3 12 13 and 33 WHEN APPLIED TO CAMA PERMITS
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification and written concurrence is issued in conformity with requirement of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 213
.0200 for the discharge of fill material as described in General Permit 198000291 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213.0200. This Certification replaces
Water Quality Certification Number 3351 issued on March 18, 2002 and WQC 3490 issued March
28, 2003. This Water Quality Certification (WQC) is rescinded when the Corps of Engineers re-
authorizes these Nationwide or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities covered by this General Certification do not require written concurrence
from the Division of Water Quality as long as they comply with all conditions of
this General Certification, the CAMA Permit and General Permit 198000291. If any
condition in this Certification cannot be met, then the applicant is required to
submit an application and receive written concurrence from DWQ prior to beginning
work;
The following activities do not require written concurrence and do not require
payment of the 401 Water Quality Certification fee-
• Boat Ramps and associated access (i.e., roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet and except when associated with new marinas,
subdivisions and commercial development);
• Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the water line more
than 10 feet, provided that the activity will not involve the excavation or filling of
any SAV or shellfish resources and impacts less th*600s? uare feet of
vegetated wetlands or less than 100 square feet of coasfal v(,eiands;
• Piers and docks designed to accommodate fewer than 10 vessels and the water
depth is greater than three-feet; ,
• Maintenance dredging of less than 0.5 acres of water ornoN` ?- 70-6d wetlands
provided that the applicant can provide written documentation sho ; ng the
historic dimensions of the dredged channel, and no Submerged Aquatic
Vegetation or shellfish beds are excavated or filled;
• Projects that only involve shading of waters or wetlands;
• Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are temporary;
WQC #3641
Upland development which involves no more than 1/10 of an acre of excavation
or filling of non-coastal wetlands, with the exception that no more than 2,000
square feet of the non-coastal excavation or filling may take place within an Area
of Environmental Concern. For the purposes of this area calculation, the
excavation or filling impacts of boat ramps, bulkheads or other shoreline
stabilization measures must be considered. The applicant must comply with all
applicable coastal stormwater rules;
Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit.
3. Activities authorized by Coastal Area Management Act (CAMA) General permits do
not require written concurrence from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
4. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies by the Division of Coastal
Management;
5. This certification does not eliminate the need to obtain any additional permits,
approvals or authorizations that may be required. Specifically, the permitee shall
contact the North Carolina Division of Water Quality to determine consistency with
the Neuse or Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259) (or any
other river basins with Buffer Rules in effect at the time of application). Activities
listed as "exempt" from these rules do not need to apply for written concurrence
under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0233 and .0259. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to
protect water quality to the maximum extent practicable through the use of best
management practices. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification;
6. Appropriate sediment and erosion control practices that equal or exceed those
outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DENR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater
classes, and all lakes and reservoirs);
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
WQC #3641
10. This General Certification is not applicable to a project where the Director of the
Division of Water Quality or the Director of the Division of Coastal Management have
determined, based on an initial review of the application, that written concurrence is
needed because of concerns related to water quality or aquatic life.
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. If written concurrence is required for this activity, DWQ shall be sent a written
notification within 30 days of completion of the wetland or stream impact or upon
expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the
Central Office of the Division of Water Quality on the form provided with the
Certification, shall be accompanied by a map depicting the work completed, and shall
be signed by the land owner or other responsible party;
13. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and
Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific
conditions for design and construction specified in 15A NCAC 07H .1405.
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written concurrence
to use this Certification regardless of the proposed impact amount to streams,
wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
WQC #3641
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparianareas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion
controldevices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
k4, ea.-l
Alan W. Klimek, P.E.
Director
WQC # 3641

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
S ignature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified ProfessioriEci!
1, , ! as a duly resgistered Yr4. tessia_ i (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina; having be% u observe (periodically,
weekly, full time) the construction of the project, for the Pen itt
ee hereby state that, t V f my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date