20120416 Ver 1_No Written Concurrence_20120521

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr Frank W Dowd 1V
P O Box 35430
Charlotte NC 28233
Subject Property
Dear Mr Dowd
Charles Wakild P E
Director
May 21 2012
3 Little Neck Road — Figure Eight Island
NO WRITTEN CONCURRENCE NEEDED
Dee Freeman
Secretary
DWQ Project # 12 0416
New Hanover County
You have our approval in accordance with the attached conditions and those listed below to Install a
single pole boatlift to accommodate an additional vessel at an existing private docking faculty as described
within your application received by DWQ on April 25 2012 After reviewing your application we have
decided these Impacts are below the threshold for written authorization as long as all conditions of General
Water Quality Certification Numbers 3883 (GC3883) are met These certifications may also be viewed on
our website at http //portal ncdenr org/web/wq/swp/ws/401/certsandpermits This Certification allows you
to use the Regional General #197800056 Permit when Issued by the US Army Corps of Engineers
This approval is only valid for the purpose and design that is 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 wetland fills for this protect (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 and any additional conditions listed below
Conditions of Certification
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
1617 Mad Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] \ FAX [phone] \ Customer Service 1 877 623 6748
Internet www ncwatemuality ora
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Xatutall'y
a

2
Frank Dowd
New Hanover County
2012 0416
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
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
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 [phone] or myself at our
Wilmington Regional Office at [phone]
Sincerely
Chad Coburn
Senior Environmental Specialist
Enclosures GC 3883
Certificate of Completion
cc Jimmy North — Coastal Marine Construction 6314 Wrightsville Avenue Wilmington NC 28403
Dave Timpy — USACE Wilmington Field Office
Doug Huggett — DCM Morehead City
Robb Mairs — DCM Wilmington
Ian McMillan — Wetlands Buffers and Stormwater Compliance and Permitting Unit
WiRO

Water Quality Certification No 3883
REGIONAL PERMIT 187800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3883 is issued in conformity with the requirements of Section
401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 02H 0500 and 15 NCAC 02B 0200 for
the discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3 4 5 6 7 19 20 22 25 30 32 and 36) and
Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer
Rules) in 15A NCAC 02B 0200
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 the conditions hereinafter set forth
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
Division')
a Impacts equal to or greater than 40 linear feet of additional permanent stream impact
(including stream relocations) at an existing stream impact location or
b Temporary or permanent impacts equal to or greater than one tenth (1/10) of an acre of
wetlands or
c Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H 0500) Isolated Wetland Rules (15A NCAC 02H
1300) DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC
02B 0200) or
d Any impacts to streams and /or buffers in the Neuse Tar Pamlico or Catawba River
Basins or in the Randleman Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as EXEMPT from these rules or a Buffer
Authorization Certificate is issued through N C Division of Coastal Management (DCM)
delegation for ALLOWABLE activities
In accordance with North Carolina General Statute 143 215 3D(e) written approval for a 401
Water Quality General Certification must include the appropriate fee If a project also requires a
CAMA Permit then one payment to both agencies shall be submitted and will be the higher of the
two fees
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below If any of these Conditions cannot be met then
written approval from the Division is required
Water Quality Certification No 3883

Water Quality Certification No 3883
Conditions of Certification
1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certif cation
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 as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization including incidental impacts 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 Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit
2 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 and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site
a 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
b 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
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs)
SA WS I WS II High Quality (HQW) or Outstanding Resource (ORW) waters then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B 0124 Design Standards in Sensitive Watersheds
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
Exceptions to this condition require application submittal to and written approval by the
Division If placement of sediment and erosion control devices in wetlands and waters is
unavoidable then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands stream beds or banks
adjacent to or upstream and downstream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project
Water Quality Certification No 3883 2

Water Quality Certification No 3883
4 Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or mo a ac es of land TI, s Permit allows stormwate to be discha ged during land
disturbing construction activities as stipulated in the conditions of the permit If your project
is covered by this permit full compliance with permit conditions including the erosion &
sedimentation control plan inspections and maintenance self monitoring record keeping
and reporting requirements is required A copy of the general permit (NCG010000)
inspection log sheets and other information may be found at
http / /portal ncdenr ora /web /wq /ws /su /npdessw#tab w
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit
5 Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual or the NC DOT
Construction and Maintenance Activities Manual such as sandbags rock berms cofferdams
and other diversion structures shall be used to minimize excavation in flowing water
Exceptions to this condition require application submittal to and written approval by the
Division
6 Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a sea turtle nesting fish
spawning or bird nesting) then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities
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 condition require written approval by the resource agency
responsible for the given moratorium
Work within the twenty five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC
USFWS NMFS and/or DMF personnel
7 Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected riparian areas (whether jurisdictional wetlands or not)
within the Neuse Tar Pamlico or Catawba River Basins or in the Randleman Jordan or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to uses identified within and constructed in accordance with 15A NCAC 02B 0233 0259
0243 0250 0267 and 0605 and 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 All buffer rule requirements including diffuse
flow requirements must be met
Water Quality Certification No 3883

Water Quality Certification No 3883
8 Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows
Exis+ing st ears durersions ( ircluding the cross sec +ion dimensions pattern and longit..dinal
profile) must be maintained above and below locations of each culvert
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches to allow low flow passage of water and aquatic life
When topographic constraints indicate culvert slopes of greater than 5% culvert burial is not
required provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders
crossvanes etc) Notification to the Division including supporting documentation to include a
location map of the culvert culvert profile drawings and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert
When bedrock is present in culvert locations culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock Notification to the Division including
supporting documentation such as but not limited to a location map of the culvert
geotechnical reports photographs etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert If bedrock is discovered during construction then
the Division shall be notified by phone or email within 24 hours of discovery
If other site specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel then exceptions to this condition require application submittal
to and written approval by the Division of Water Duality regardless of the total impacts to
streams or wetlands from the project
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally when
roadways causeways or other fill projects are constructed across FEMA designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands
The establishment of native woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of nprap or other bank hardening
methods
9 if concrete is used during the construction then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills
10 Applications for nprap 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
Water Quality Certification No 3883

Water Quality Certification No 3883
11 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed
across the bridge and pre treated through site appropriate means (grassed swales pre
formed scour holes vegetated buffers etc ) before entering the stream Please refer to the
most current version of Stormwater Best Management Practices Exceptions to this condition
equire pant +en approval by +he Division
12 Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h) compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands For linear public transportation
projects impacts equal to or exceeding 150 linear feet per stream shall require mitigation
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as Allowable with Mitigation or Prohibited within the
Table of Uses
A determination of buffer wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols The mitigation plan must be implemented and /or constructed before any impacts
occur on site Alternatively the Division will accept payment into an in lieu fee program or a
mitigation bank In these cases proof of payment shall be provided to the Division before
any impacts occur on site
13 All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary The impacted areas shall be restored to original grade including each stream s
original cross sectional dimensions plan form pattern and longitudinal bed and bed profile
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion
14 All temporary pipes/ culverts/ riprap pads etc shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis equilibrium during use of this General Certification
15 Any nprap required for proper culvert placement stream stabilization or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity All rip rap shall buried and /or keyed in such that the original stream
elevation and streambank contours are restored and maintained Placement of rip rap or
other approved materials shall not result in de stabilization of the stream bed or banks
upstream or downstream of the area
16 Any rip rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave current action or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants Rip rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures
17 A one time application of fertilizer to re establish vegetation is allowed in disturbed areas
including riparian buffers but is restricted to no closer than 10 feet from top of bank of
streams Any fertilizer application must comply with all other Federal State and Local
regulations
Water Quality Certification No 3883 5

Water Quality Certification No 3883
18 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Cleanrghouse
19 In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
20 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal State or Local approvals
21 The applicant/permittee 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 then the
Division may reevaluate and modify this General Water Quality Certification
22 When written authorization is required for use of this certification upon completion of all
permitted impacts included within the approval and any subsequent modifications the
applicant shall be required to return the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center Raleigh NC 27699 1650
23 Additional site specific conditions including monitoring and/or modeling requirements may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards
24 This certification grants permission to the director an authorized representative of the
Director or DENR staff upon the presentation of proper credentials to enter the property
during normal business hours
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific protect shall remain in effect for the life of the protect
regardless of the expiration date of this Certification
Non compliance with or violation of the conditions herein set forth by a specific protect may result
in revocation of this General Certification for the protect and may also 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
Water Quality Certification No 3883

Water Quality Certification No 3883
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
D vision of Water Quality
Effective date March 19 2012
DIVISION OF WATER QUALITY
By
Charles Wakdd P E
Director
History Note Water Quality Certification (WQC) Number 3883 issued March 19 2012 replaces
WQC Number 3687 issued November 1 2007 WQC Number 3624 Issued March 19 2007 WQC
Number 3494 issued December 31 2004 and WQC Number 3376 issued March 18 2002 This
General Certification ►s rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality
Water Quality Certification No 3883

Certification of Completion
DWQ Project No
Applicant
Project Name
Date of Issuance of Wetland Permit
County
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 27699 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
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules the approved plans and specifications
Date
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications
Date
If this project was designed by a Certified Professional
I as a duly registered Professional (i a 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 Permtttee 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 Date