20070253 Ver 1_No Written Concurrence_20070411

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2007
New Hanover County
DWQ Project #: 07-0253
Mr. Lucien Ellison
PO Box 403
Wrightsville Beach, NC 28480
Subject Property: Lucien Ellison Project
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NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Ellison:
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You have our approval, in accordance with the attached conditions, to shade 210 square feet of
Coastal Wetlands and incorporate 712 square feet of Open Water for the purpose of performing
maintenance dredging and constructing the proposed private pier and docking facility as you
described in your application dated December 8, 2006. After reviewing your application, we
have decided this fill is below the threshold for written authorization as long as all conditions of
General Water Quality Certification Number 3641 are met, which may be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the General Certification #3641 is made a condition of the Coastal Area Management
Act Permit.
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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-87723-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterqualitxor~ One
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarolina
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Mr. Lucien Ellison
Page 2 of 2
April 11, 2007
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 919-733-1786
or me at our Wilmington Regional Office at 910-796-7215.
Sincerely,
1
Noelle Lutheran
Environmental Specialist III
Attachments
cc: Michael Covard, Agent
David Timpy, USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
Noelle Lutheran, DWQ Wilmington Regional Office File copy
Doug Huggett, DCM Morehead City
Robb Mairs, DCM Wilmington
Central Files

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- WQC #3641
~~` ~ `~~~ CAMS ~ERM1'T 4b1" 1NA1`ER (~[~A~ITY 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 _E_L_IGIBLE 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 2B
.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 26 .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 than 500 square feet of
vegetated wetlands or less than 100 square feet of coastal wetlands;
• 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 or non-vegetated wetlands
provided that the applicant can provide written documentation showing 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 fora 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;
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 Surtace 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 Norfh 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 maybe 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

Alan W. Klimek, P.E.
Director
WQC # 3641