19990512 Ver 2_Approval Letter_20130123

LVXWA
A&
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
January 23, 2013
DWQ Project # 99 0512 V2
Shellbank, Inc.
THIS IS NO T Carteret County
Attn: Wiley Jones
6619 Char Wheeler Drive -4 8 e CAMA PERMIT
Charlotte, C 8 1 75 /'1
Subject Property: Hardesty Farms Community Boat Ramp Access Relocation, Newport
Approval of 401 Water Quality Certification Modification with
Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions; to permanently impact 0.093
acres of wetlands for the construction of an access road for the community boat ramp and
repair /maintain the existing boat ramp in its current footprint, dimensions and elevation, as
described within your CAMA application dated September 27, 2012 and received by the
Wilmington Regional Office (WiRO) on October 1, 2012 and revisions received on January 07,
2013, January 21, 2013 and January 23, 2013. After reviewing your application, it has been
determined that the impacts are covered by General Water Quality Certification Number 3900
(GC3900). This Certification allows you to use the 404 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, 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 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). Future wetland or stream impacts for this
subdivision will be considered as cumulative and may require the project to be reviewed under
an Individual Application. This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed on the following pages.
1601 Mall Service Center, Raleigh, North Carolina 27699 -1601 One
Phone: 919 - 707 -86001 Internet: www.ncdenr.gov N6fffiCarolina
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper !a t�riaLiff

Shellbank, Inc.
Attn: Wiley Jones
DWQ Project # 99 0512 V2
January 23, 2013
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:
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas 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.
3. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices 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 has released the
project.
4. Sedimentation and Erosion Control
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 in order to protect surface waters standards:
a. The 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. The 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
Amount Approved nits
Plan Location or Reference
Stream
N/A feet
404/401 Wetlands
W 1...... 0.093 acres 4,074 sq ft
Sheets 7, 8 and 8A of 8
Coastal Wetlands
N/A
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas 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.
3. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices 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 has released the
project.
4. Sedimentation and Erosion Control
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 in order to protect surface waters standards:
a. The 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. The 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

Shellbank, Inc.
Attn: Wiley Jones
DWQ Project # 99 0512 V2
January 23, 2013
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
5. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing
activities commencing. The silt fences shall be installed in accordance to plan and the
side cast from the trenching shall be placed on the impacted side of the fence and NOT
the side of the wetland that is to be left undisturbed.
6. Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be
maintained until the project is completed.
7. Dewatering of Construction Site
Dewatering of the construction site, if required, shall be accomplished by pumping to a
maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge and
release sediment to surface waters or wetlands. Silt bags will not be located within any
wetland or surface water.
8. Continuing Compliance:
Shellbank, Inc. and its authorized agents and/or contractors, shall conduct construction
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of State law and federal law. If the Division determines
that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification
to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Shellbank, Inc. and its authorized agents and/or
contractors and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Shellbank, Inc. and
its authorized agents and/or contractors in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;

Shellbank, Inc.
Attn: Wiley Jones
DWQ Project # 99 0512 V2
January 23, 2013
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self - monitoring, record keeping and reporting requirements
are required.
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 is required to
return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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.
If you wish to contest any conditions in the enclosed certification (associated with the approved
wetland or waters impacts) you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A
petition is considered filed when it is received in the office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
67 Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478

Shellbank, Inc.
Attn: Wiley Jones
DWQ Project # 99 0512 V2
January 23, 2013
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478
This certification and its conditions are final and binding unless you ask for a hearing.
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 Karen Higgins in the Central Office in
Raleigh at 919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at
910.796.7306.
Sincerely,
i""*'Char sWakild, P.E.
Division of Water Quality
Attachments
Enclosures: GC 3900
Certificate of Completion
cc: Laura Stasavich — Land Management Group
Karen Higgins - DWQ 401 Oversight Unit, Raleigh
David Timpy - USACE Wilmington Regulatory Field Office
Brad Connell - DCM Morehead City
Doug Huggett - DCM Morehead City
WiRO

EIS 75' Coastal Shoreline AEC Limit
t
30' Coastal Shoreline Buffer
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Adjacent to West
Lot 15 Luce
LEGEND NEWPORT RIVER
Parcel Boundary
404 Wetlands
Coastal Marsh above NHW PROPOSED WETLAND IMPACT,
Normal High Water (NHW) —Wr —w— DIRECT AND INDIRECT, TOTALS 0 093-AC
404 Wetland Fill, 12' Drive
404 Wetland Fill, 2 1 Slope
Indirect 404 Wetland Impact ® PRELIMINARY THIS IS NOT AN ENGINEERED DRAWING
W Coastal Shoreline Buffer — • —••— •— — FOR ENVIRONMENTAL PERM(ITINGONLY
75' Coastal Shoreline AEC — • — — —
Proposed Retaining Wall 0 20 40 Bo
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L UANAGEUEaTGEOUP. Ramp A***" tar
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Needed Oor Treder �
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Adjacent to West
Lot 15 Uroe
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LEGEND
Parcel Boundaries
404 Wetlands 0
Coastal Marsh above NHW 0
Normal High Water (NHW) —eu —w-
W Coastal Shoreline Buffer — — — —
75' Coastal Shoreline AEC — — — —
Relocated Earthen Access 0
within AEC
Proposed Retaining Wall
76 Coastal ShoreBie AEC Lard
- W Coastal Shorelme Buller
Ox
N�
COMMON AREA
ACREAGE n�
By COORDWE YEIMOD
0 76 AC
Proposed Access to Bost Rwp (dme surface)
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within 75' AEC • 4.817 eq R
Total AEC Area to PL! 77,105 6 sq R
% of AEC o 14 5%
NEWPORT RIVER
-kem 7m;;
Tdwp 9
em�nel�ti
Adjacent to East
Nut
•.w �'� w
PRELIMINARY THIS IS NOT AN ENGINEERED DRAWING
FOR ENVIRONMENTAL PERMRTING ONLY
0 20 40 80

Cross Section A
Proposed Fill, Road ® Note Depth and height of wall to
be determined by contractor.
Cross Section B
0 4 a 16
iiiiiiiiiia
Proposed Fill, Road ® s a e 16
PRELIMINARY THIS IS NOT AN ENGINEERED DRAWING
FOR ENVIRONMENTAL PERMITTING ONLY