20090972 Ver 1_Approval Letter_20091019

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 19, 2009
US Army Corps of Engineers
Attn: Colonel Jefferson M. Ryscavage, District Commander
69 Darlington Avenue
Wilmington, NC 28403
DWQ Project # 09 0972
Carteret County
Subject Property: Atlantic Harbor Breakwater Replacement, Atlantic
Approval of 401 Water Quality Certification with Additional Conditions
Dear Commander Ryscavage:
You have our approval, in accordance with the attached conditions and those listed below, to repair
existing sandbag wall, construct a second sandbag wall and place fill material between the two, as
described within your PCN application dated September 2, 2009 and received by the Division of Water
Quality (DWQ) Wilmington Regional Office (WiRO) on September 21, 2009 with additional
information received on October 19, 2009. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3687 (GC 3687). This
Certification can also be found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. 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
Nationwide 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). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: wvvw.ncwaterqualitv.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarohna
Natu'rallb,
Customer Service 1-877-623-6748
Page Two
US Army Corps of Engineers
Attn: Colonel Jefferson M. Ryscavage, District Commander
DWQ Project # 09 0972
October 19, 2009
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:
Amount Approved (Units) Plan Location or Reference
Open Waters Aerial of Atlantic Harbor
(Shallow bottom) Dredged Up to 3 acres breakwater repair stamped
received 10/19/09 (attached)
Coastal Wetlands N/A
2. Erosion & 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 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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
Please notify DWO ifANY turbidity issues arise durin,- this proiect
Page Three
US Army Corps of Engineers
Attn: Colonel Jefferson M. Ryscavage, District Commander
DWQ Project # 09 0972
October 19, 2009
4. 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 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.
5. 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.
6. Moratoriums
Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries,
NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
7. Determination of Impacts
At the completion of the project, the DWQ will require a determination of the area impacted
which is to encompass the location and acreage of the impact (it can be shown on an aerial or
done as a survey). This to be included with the Certification of Completion and sent to the
Wilmington Regional Office (address on the letterhead page) and to Raleigh (address below).
8. 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 do not accept any of the conditions of this Certification (associated with the approved wetland or
waters 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.
Page Four
US Army Corps of Engineers
Attn: Colonel Jefferson M. Ryscavage, District Commander
DWQ Project # 09 0972
October 19, 2009
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 3687
Certificate of Completion
cc: Jeff Richter - USACE Wilmington
Ian McMillan - DWQ 401 Unit
Stephen Rynas - DCM Morehead City
WiRO
Atlantic Harbor breakwater repair.

D
ELEV. IN FEET. MLW ELEV. IN FEET. MLW ELEV. IN FEET. WIN
o 0 o m
o ° .n ° ?n

°° °
°
°° m z
I ti, l i I ? I I I. I)? E? i
I j l 1 1 I .1 I I I .'I "' -, I I
?? - I I I I I 'I I I ? I_ i I
! I ?? I I I I I' I I I .I I I
I ? I I I I I; I I I •I I I
-LJ L-? -LJ L--m J
I I I I I ?° I I m° I d ICI
_ - I I I - I ,1? I I I TAI
I I! i I I ;I? I I i N I S I
ao 1---a!- F J
° I ;. I I ° I .I m I I m I N, I I
I I
I
I I? I
?
I
I
I; I I
- II _°
Z I I ° I ? I I I ° I ; I ?_ I I
N
I
m ;I
?D
I }? ? I I ?, I `? I I I p
fi_ 1 _r1 0_? _r1 °
m I ?I ? I I I ? I I
°
,? °
I ?I I I I I
- -
-
t
7
r
I . I I
°
I ', I I I
.
I
I i I
I ;I I I
I ;I I I
I I I
I `
,
LJ
L I
_
° .I
O
0
m
I i I
Q N I_
° N -i
o v? S
?n o p
p ?
F
Z
2
°
Cf ?
O
C
O O

BRE4 KWqB011 R aF RFFE U.S. OFP 12N I T
ANNfIC HMAIOE COOPS OF OF QKiNEEFS EEA4 GCR
CMIEIET COUMY
NORTH C-X I WLMVOGTON
NORM CAROTIN S

n
,
,
K
5
Ef0 awryAMI04-06
7.3