20130607 Ver 1_Approval Letter_20130618

A� A D
CCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Division of Water Quality
Thomas A. Reeder
Acting Director
June 18, 2013
Mr. David Everhart
Ms. Shirley Everhart
104 New Castle Circle
Salisbury NC 28144
Bald Head Island Limited
Attn: Jim Henry, Development Director
P.O. Box 3069
Bald Head Island NC 28461
The Village of Bald Head Island
Attn: Stephen Boyett, Development Services Director
P.O. Box 3009
Bald Head Island NC 28461
John E. Skvarla, III
Secretary
Brunswick County
DWQ Project #: 13 -0607
Subject Property: Outlet Ditch Stabilization — Bald Head Island
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr.& Ms Everhart, and Messrs. Henry & Boyett,
You have our approval, in accordance with the attached conditions to impact 415 square feet (0.009
acres) of open water to stabilize the shoreline of a jurisdictional outlet ditch as described in your
application received by the N.C. Division of Water Quality (DWQ) on June 10, 2013. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3885 (GC 3885). This Certification can also be found on line at:
http://t)ortal.ncdenr.org/web/wg/swo/Ws/40 1 /certsandRermits. This Certification allows you to use
the 404 Permit 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 a new application. If the
Wetlands, Buffers, Stormwater — Compliance and Permitting ebscape) Unit es Lt
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807&3001 FAX: [phone] Customer Service: 1-877-623-6748 A s� Internet www.nowaterquality.org

2
BHI — Outlet Ditch Stabilization
Brunswick County
2013 -0607
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.
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 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.
3. 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;
4. 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:
a. Erosion and sediment control me f p mt installed,
operated, and maintained in accord Me� r 1i eelligned,
n of the North
��1
Carolina Sediment and Erosion Control Planrun an ; es} AA
b. Design, installation, operationA-d e ` { `' r sion control
measures must be such that th a "re men s ecified in the
q P
most recent version of the North Carolina Sediment and Erosion Control Manual.
Amount Approved nits
Plan Location or Reference
Open Water filled
415 square feet 0.009 acres
CAMA Major Permit Application
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 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.
3. 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;
4. 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:
a. Erosion and sediment control me f p mt installed,
operated, and maintained in accord Me� r 1i eelligned,
n of the North
��1
Carolina Sediment and Erosion Control Planrun an ; es} AA
b. Design, installation, operationA-d e ` { `' r sion control
measures must be such that th a "re men s ecified in the
q P
most recent version of the North Carolina Sediment and Erosion Control Manual.

3
BHI — Outlet Ditch Stabilization
Brunswick County
2013 -0607
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.
c. 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.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects
that disturb one (1) or more acres], full compliance with permit conditions including
the sedimentation control plan, self - monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be
found at http: / /r)ortal.ncdenr.or web /wq /ws /su/construction.
6. 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.
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.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administry , ' '?s t a
http: / /www.ncoah.com/ or call (919) 431 -3000 for information, } .'
' OF
A C Apr"'9',"" A

4
BHI — outlet Ditch Stabilization
Brunswick County
2013 -0607
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
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.
Enclosures: GC 3885
Certificate of Completion
Sincerely,
as A. Reeder
Acting Director
Division of Water Quality
6 t�, � H :9 � � �1 �•� J �SSy� � Y'
cc: Jeff Petroff— Coastal Land Design, Pllc, P.O. Box 1172, Wilmington, NC 28402
Doug Huggett — DCM Morehead City
Heather Coats — DCM Wilmington
Dave Timpy — USACE Wilmington Field Office
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
wix0

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
I, , 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:
Agent's Certification
Date:
I, , 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:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., 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 Permittee 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.
� 1
A CAM