20031240 Ver 4_Certification of Completion_20111208

Certification of Coltnpletion
DWQ Project No.: 003 /a YO V4- County: &27-e°2, e'T
Applicant: ' Tzgre W NO2t -fit �.,4 tf //�4 /�� �Od•92 /v.�c �tvt,S /ox�
Project Name: /✓,�
Date of Issuance of Wetland Pen-nit:
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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, ?7699 -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
r
I, JgmES 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: 1' _ eK� Date: /119- ;1r 9011
Agent's Certification
I 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 Professional
1 , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee 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
Registration No.
kC� R 0 \V fo, UY
DEC - g 2011
A
WETLANDS AND STOR(ANA ER BRANCH

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
State of North Carolina
State Property Office
Attn: Chris Ivers
1321 Mail Service Center
Raleigh, NC 27699 -1321
Coleen H. Sullins
Director
November 23, 2011
Natural Resources
Dee Freeman
Secretary
DWQ Project # 2003 1240 V4
Carteret County
Subject Property: Pine Knoll Shores Aquarium, Pine Knoll Shores
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ivers:
This Certification modifies the previous Certifications issued on August 6, 2004 and October 1, 2007. You have
our approval, in accordance with the attached conditions and those listed below to fill a total of 0.259 acres (an
addition of 0.029 acres) of wetlands, as described in your previous CAMA application dated October 8, 2003,
modification request dated August 17, 2007 from the Division of Coastal management and most recently, the Pre -
Construction Notification (PCN) dated November 16, 2011 and received by the Division of Water Quality
(DWQ) in the Wilmington Regional Office (WiRO) on November 22, 2011. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number 3642 (GC 3642).
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. The approved plans and
specifications for this project are incorporated by reference and are an enforceable part of the permit. 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, INC 28405
Phone- 910 -796 -7215 / FAX. [phone]
Internet. wwvv ncwaterquality.ora
An Equal Opportunity /Affirmative Action Employer
50% Recycled / 10% Post Consumer Paper
North Carolina
Natmally
Customer Service 1 -877- 623 -6748

Page Two
State of North Carolina
State Property Office
Attn: Chris Ivers
DWQ Project # 03 1240 V4
November 23, 2011
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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in
15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
4. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post -larval fishes
and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this require
written concurrence from the applicable individual agency and notification to the Division of Water
Quality.
5. No Impacts Beyond those in Application
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.
6. This.General Certification shall expire on the same day as the expiration date of the corresponding
Nationwide Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this Certification.
Amount Approved
Plan Location or Reference
Units
Open Waters
N/A
Shallow Bottom
N/A
Coastal wetlands
N/A
404/401 wetlands
See #3 Impact Table of Previously
Previously permitted
0.23 acres
Permitted and Completed Activities
Additional impacts
0.029 acres
(attached)
Total cumulative wetlands impacted
0.259 acres
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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in
15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
4. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post -larval fishes
and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this require
written concurrence from the applicable individual agency and notification to the Division of Water
Quality.
5. No Impacts Beyond those in Application
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.
6. This.General Certification shall expire on the same day as the expiration date of the corresponding
Nationwide Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this Certification.

Page Three
State of North Carolina
State Property Office
Attn: Chris Ivers
DWQ Project 4 03 1240 V4
November 23, 2011
7. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with 303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division
determines that such standards or laws are not being met, including 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, than the Division may reevaluate and modify this General Water Quality Certification.
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 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
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This certification and its conditions are final and binding unless you ask for a hearing.

Page Four
State of North Carolina
State Property Office
Attn: Chris Ivers
DWQ Project # 03 1240 V4
November 23, 2011
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 919.807.6364 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
�-�Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Allen Monroe, Director — Pine Knoll Shores Aquarium
Zak Pierce — CLH Design PA
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
WiRO

1. Permittee Information:
A. Name: Pine Knoll Shores Aquarium (Contact: Chris Ivers)
B. Project Address: 1 Roosevelt Boulevard, Pine Knoll Shores, NC 28512
C. Phone: [phone]
2. Agent Information:
A. Name: CLH Design p.a. (Contact: Zak Pierce)
B. Address: 400 Regency Forest Drive Ste. 120, Cary, NC, 27518
C. Phone: [phone]
D. Agent Authorization Letter: See Appendix 'B'
3. Impact Table of Previously Permitted and Completed Activities:
A. See Table Below: Keys are indicated on the Site Plan in Appendix 'H'
Site Plan Ke
Activit
Authorization
Size of Im act SF
1
Fill
Original Authorization
8,012 SF
1.15.2004
2
Fill
Modification #1
856 SF
9.2.2004
3
Fill
Deviation from
900 SF
Work Ian 7.22.2004
4
Fill
Original Authorization
68 SF
1.15.2004
5
Partial Fill
Original Authorization
200 SF
1.15.2004
6
Fill
Original Authorization
969 SF
1.15.2004
See
Appendix 'G'
Reef Balls
Modification #2
(10.17.2007)
300 SF
TOTAL WETLAND
11,005 SF
IMPACTS
TOTAL SHALLOW
BOTTOM HABITAT
300 SF
IMPACTS
4. Impact Table of Previously Permitted Not Constructed But Still Needed: as well as
any future impacts/activities:
A. Not Applicable. All of the previously permitted impacts and activities have been
constructed.
5. Site Plan Locating Each Impact/Authorized Work:
A. See Attached Site Plans in Appendix 'G' and 'H'

WQC #3642
CAMA PERMIT CERTIFICATION
GENERAL 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, 198000048, 198700056,197800080, 197800125, and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3, 12, 14, 18, 27, 29, 33, 35, 39, and 43, WHEN APPLIED
TO CAMA PERMITS AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification 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 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re- authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of 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 authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
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 in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and /or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer„
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and /or constructed
before any permanent building or structure on site is occupied. In the case of public

WQC #3642
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS -I and WS -II unless the project is a linear, publicly -
funded transportation project, which has a 150 -foot per- stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar - Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 26.0200. 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 .0200. 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;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original 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. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual' or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
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. 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;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
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.

Y, . I
WQC #3642
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 that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality 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.
WQC # 3642
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director