20041216 Ver 1_Approval Letter_20041128

O~O~ W ATF9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ _,~
~ .,~ Coleen H. Sullins, Director
Division of Water Quality
November 28, 2007
DWQ Project # 04 1216 Ver 2
New Hanover County
Mr. Dave Weaver
Assistant County Manager
New Hanover County ~:~~;~~r~
230 Market Place Drive ~'
Suite 160
Wilmington, NC 28403 ,~x
Sub~ect Pro ert Mason Inlet 2"`' Maintenance Dred m ~ " '" " ~~~~~
J P Y g g
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Weaver:
You have our approval, in accordance with the attached conditions and those listed below, to maintenance
dredge Mason Creek, AIWW and the inlet channel, northern bank and place the dredged material onto the
ocean shoreline (the southern end of Figure Eight Island) and reconstruct the eroded berm to the design
dimensions at the subject properties, as described within your CAMA application dated October 19, 2007
and received by the N.C. Division of Water Quality (DWQ) on October 19, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number
3642 (GC 3642). This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification allows you to use the LAMA 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 LAMA 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 maybe 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. 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:
N~ `hCazolina
~atcrra!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www newateroual y.or~ Location: 512 N. Salisbury SL Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50°/ Recycled/10°/ Post Consumer Paper

Page Two
Mr. Dave Weaver
Assistant County Manager
New Hanover County
November 29, 2007
DWQ Project # 04 1216 Ver 2
Amount A roved (Units Plan Location or Reference
Stream N/A (feet)
404 Wetlands N/A (acre)
Coastal Wetlands N/A acres)
Open water shallow
bottom habitat 6.2 acres (dredged) Attached aerial for 2"
maintenance event
Inlet Shoulder area
accreted u lands) 4.6 acres (dredged) Attached aerial for 2nd
maintenance event
Inter-tidal flats 8.2 acres (dredged) Attached aerial for 2"
maintenance event
Ocean shoreline (upper
beach and inter-tidal
zone) 49.5 acres Attached aerial for 2"
maintenance event
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 CAMA Major application. 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.
4. No Sediment & Erosion Control Measures w/n 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.
5. Compliance with Previous Conditions
Compliance with the December, 2000 Mason Inlet Relocation Project Wetland Mitigation Plan is a
requirement of this certification;
6. Other Conditions
All other conditions of General Certification #3642 are hereby incorporated by reference;
7. 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.

Page Three
Mr. Dave Weaver
Assistant County Manager
New Hanover County
November 29, 2007
DWQ Project # 04 1216 Ver 2
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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.
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 in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Chris Gibson - Gahagan & Bryant Associates, Inc.
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan -DWQ 401 Unit
Doug Huggett -DCM Morehead City
Robb Mairs -DCM Wilmington
Central Files
WiRO

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