20080806 Ver 3_Approval Letter_20120827

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
U.S. Army Corps of Engineers,
Colonel Steven Baker
c/o Mr. Chuck Wilson
69 Darlington Avenue
Wilmington NC 28403
Division of Water Quality
Charles Wakild, P. E.
Director
August 27, 2012
Wilmington District
Dee Freeman
Secretary
DWQ Project # 08- 0806v3
New Hanover County
Subject Property: Wilmington Harbor Anchorage Basin Deepening - Cape Fear River
Dear Mr. Wilson,
This letter serves as a modification of the previous 401 Water Quality Certification issued on March 14, 2012.
You have our approval, in accordance with the attached conditions to deepen the northern portion of the
Wilmington Harbor's anchorage basin, in the Cape Fear River as described within your application
received by the DWQ on August 21, 2012. In addition, all other conditions listed in the previous 401
Water Quality Certification issued on March 14, 2012 are still valid and not otherwise amended by this
approval.
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 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 and any additional conditions listed below.
Conditions of Certification:
1) Blasting
If blasting is required to be used for this project, adherence to the criteria listed in the Finding Of No
Significant Impact (August 2012) shall be required. These criteria are listed with "Appendix C —
Blasting Restrictions ". In addition, the DWQ will require written notification of the intention to
perform blasting.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX. [phone] \ Customer Service 1- 877 - 623 -6748
Internet: www ncwaterauality ora
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NorthCarolina
;VWUMa4

2
Wilmington Harbor Deepening
New Hanover County
2008- 0806v3
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. You can contest this Certification as provided in Articles 3 and 4 of G.S.
150B by filing a written 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 sixty (60) calendar days of receipt of this Certification. 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 8:00am and
5:00pm, 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], Fax: [phone].
A copy of the petition must also be served on DENR as follows: Mr. Bill Carey, 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.
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) 807 -6364 or Chad Coburn at our
Wilmington Regional Office at (910) 796 -7215.
Sincerely,
Charles Wakild, P.E., Director
Division of Water Quality
cc: Jeff Richter — USACE, Wilmington District
dan- McMillan— Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
W iRO