20041844 Ver 3_Approval Letter_20130308

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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. SkvaNa, III
Governor Secretary
March 8, 2013
DWQ Project # 20041844 V3
n low County
NC Coastal Federation O Attn: Tracy Skrabal THIKt,
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530 Causeway Drive
Suite F -1 A PERMIT
Wrightsville Beach, NC 28480 CAMA
Subject Property: Morris Landing Oyster & Salt marsh Habitat Restoration and Living Shoreline
Project, Holly Ridge
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Skrabal:
You have our approval, in accordance with the attached conditions and those listed below to construct a
series of sills, breakwaters and oyster reefs along with the restoration of a coastal marsh, as described in
your CAMA application dated February 27, 2013 and received by the Division of Water Quality (DWQ) in
the Wilmington Regional Office (WiRO) on February 27, 2013. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900).
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.
127 Cardinal Drive Ext., Wilmington, NC 28405 tia
Phone: [phone] FAX [phone] Internet: www.ncdenr.gov Carol /inn /a
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NC Coastal Federation
Attn: Tracy Skrabal
DWQ Project # 20041844 V3
March 8, 2013
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 shall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
4. Any backfill material shall be obtained from a high ground source. All backfill will consist of clean,
earthen material free of any pollutants except in trace quantities.
5. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under the authorization letters and certifications.
6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at
910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG
National Response center at 1.800.424.8802.
Amount Approved (Units)
Plan Location or Reference
Open Waters
2,216 sq ft (0.051 ac) for sill /oyster reefs
Sheet 1,2 & 4 of 4 Morris Landing
(shallow bottom)
7,500 sq ft (0.172 ac) for marsh
Living Shoreline project (attached)
restoration
Coastal wetlands
N/A
404/401 wetlands
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 shall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
4. Any backfill material shall be obtained from a high ground source. All backfill will consist of clean,
earthen material free of any pollutants except in trace quantities.
5. Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under the authorization letters and certifications.
6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at
910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG
National Response center at 1.800.424.8802.

NC Coastal Federation
Attn: Tracy Skrabal
DWQ Project # 20041844 V3
March 8, 2013
Page 3 of 4
Continuing Compliance:
8. NC Coastal Federation and their authorized agents and /or contractors shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws are
not being met (including the 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, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507 (d). Before modifying the.
Certification, the Division shall notify NC Coastal Federation, the US Army Corps of Engineers, and
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for a public
hearing in accordance with i5A NCAC 2H.0504. Any new or revised conditions shall be provided to NC
Coastal Federation, in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
9. 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:

NC Coastal Federation
Attn: Tracy Skrabal
DWQ Project # 20041844 V3
March 8, 2013
Page 4 of 4
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:
Lacy Presnell, 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 Karen Higgins in the Central Office in Raleigh at
919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306.
Sincerely,
COleWakild, P.E., Director
Division of Water Quality
Attachments
Enclosures: GC 3900
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Karen Higgins - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO