20121003 Ver 1_Approval Letter_20121214

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor
Director Secretary
December 14, 2012
New Hanover County
DWQ Project #: 12 -1003
Mr. Ronald McNeill
Ms. Cyndi McNeill
102 Magnolia Drive
Wilmington NC 28409
Subject Property: 102 Magnolia Drive - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. McNeill,
You have our approval, in accordance with the attached conditions to perform maintenance dredging
as described in your application received by the N.C. Division of Water Quality (DWQ) on
November 1, 2012. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number 3900 (GC 3900).
This Certification can also be found on line at: hLtp://portal.ncdenr.orp,/web/ wg/swp/ws/401 /certsandpennits.
This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued
by the U.S. Army Corps of Engineers and the CAMA 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. If you change
your project, you must notify us and you may be required to send us anew 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 below.
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St Ralegh, North Carolina 27604
Phone: 919$07 -63001 FAX- 919 -807 -64921 Customer Service. "77 -623 -6748
Internet www.ncwaterouar oM
An Equal Opportunity \ Affirmabve Action Employer
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McNeill
New Hanover County
2012 -1003
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The Additional Conditions of the Certification are:
1. 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 CAMA Major 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.
2. No Impacts Beyond Those Approved
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 404/401 Permit 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. Moratoria
All applicable moratoriums shall be observed as required by the NC Division of Marine
Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
4. 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 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.

3
McNeill
New Hanover County
2012 -1003
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 Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910 -796-
7215.
Sincerely,
�-\ . C)-M-
Charles :akild, P.E., Director
Division of Water Quality
Enclosures: GC 3900
Certificate of Completion
cc: Adam Knierim — Maritech, LLC, 108 Circle Drive, Hampstead, NC 28443
Doug Huggett — DCM Morehead City
Robb Mairs — DCM Wilmington
Dave Timpy — USACE Wilmington Field Office
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
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