20120209 Ver 1_Approval Letter_20120316

MCER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1004 Denfield Ct
Raleigh NC 27615 2460
Dee Freeman
Secretary
DWQ Project # 2012 0209
Carteret County
Subject Property 275 Star Church Road, Marshallberg
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Willis
You have our approval in accordance with the attached conditions and those listed below to fill coastal
wetlands to extend an existing bulkhead add a floatingjet ski platform and place 22 navigational buoys
to identify an existing channel as described in your CAMA application dated February 22 2012 and
received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on
February 24 2012 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 Mayor 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 CANM 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
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX 919 - 807 -6492
Intemet www ncwaterauality orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
NWA MAk

Tim Willis
DWQ Project # 2012 0209
March 16 2012
Page 2 of 4
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
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 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
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
6 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
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
N/A
Coastal wetlands
126 sq ft 0 003 ac
Sheet 5 of 7 attached
404/401 wetlands (filled)
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 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 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
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
6 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

Tim Willis
DWQ Project # 2012 0209
March 16 2012
Page 3 of 4
violated or that further conditions are necessary to assure compliance than the Division may
reevaluate and modify this General Water Quality Certification
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
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 [phone] Facsimile [phone]
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

Tim Willis
DWQ Project # 2012 0209
March 16 2012
Page 4 of 4
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 7306
Attachment
Enclosures GC 3642
Certificate of Completion
cc Andre Webb — Turner Marine Construction
David Timpy USACE Wilmington Regulatory Field Office
Ian McMillan DWQ 401 Unit
Doug Huggett DCM Morehead City
Barry Guthrie DCM Morehead City
WiRO
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