20140483 Ver 1_Approval Letter_20140620

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NC Division of Marine Fisheries
John E Skvarla, III
Secretary
June 20, 2014
DWI Project 11014 0483
&Tms Op, e�nder County
Attn: Harry (Craig) Hardy , M"T
3441 Arendell Street (1� PE
`P�j ��1I
Morehead City, NC 28557 l
Subject Property: AR -360 Topsail Reef, 3 Nautical miles NE of New Topsail Inlet
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hardy:
You have our approval, in accordance with the attached conditions and those listed below to
enhance an existing artificial reef, as described in your CAMA application dated May 8, 2014, and
received by the Division of Water Resources (Division) on May 12, 2014. 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 General Permit No. 198000291
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, Water Supply Watershed, 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 requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
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:
127 Cardinal Drive Ext , Wilmington, North Carolina 28405
Phone. [phone] Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

NC Division of Marine Fisheries
Attn: Craig Hardy
DWR Permit # 14 0483
June 20, 2014
Page 2 of 4
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.
3. The applicant shall require his contractors (and /or agents) to comply with all of the terms of
this Certification, and shall provide each of its contractors (and /or agents) a copy of this
Certification.
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The applicant /permitee 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, than the Division may reevaluate and modify this General Water Quality
Certification.
6. All mechanized equipment operated near or in surface waters will be regularly inspected
and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids
or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee /contractor shall immediately contact the Division of Water Resources, between
the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call (800) 858 -0368. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.
Amount Approved (Units)
Plan Location or Reference
Open Waters
Approximately 1.68 acres
Figures 3 AR -360 Topsail Reef
Proposed Internment Section and
Figure 4 Exploded View(attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
Buffers
N/A
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.
3. The applicant shall require his contractors (and /or agents) to comply with all of the terms of
this Certification, and shall provide each of its contractors (and /or agents) a copy of this
Certification.
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The applicant /permitee 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, than the Division may reevaluate and modify this General Water Quality
Certification.
6. All mechanized equipment operated near or in surface waters will be regularly inspected
and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids
or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee /contractor shall immediately contact the Division of Water Resources, between
the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call (800) 858 -0368. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.

NC Division of Marine Fisheries
Attn: Craig Hardy
DWR Permit # 14 0483
June 20, 2014
Page 3 of 4
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 and /or authorized
agent is required to return the enclosed certificate of completion form to the NCDENR
DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service
Center, Raleigh, NC, 27699 within ten days of project completion (the certification of
completion is also available at:
http: / /portal.ncdenr.org /web /wq /swp /ws /401 /certsandperm its /apply /forms).
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 approval and its conditions are final and binding unless contested.
This Certification can be contested 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 (hereby
known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing
fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am
and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
i b
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

NC Division of Marine Fisheries
Attn: Craig Hardy
DWR Permit # 14 0483
June 20, 2014
Page 4 of 4
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
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in
Raleigh at 919.807.6364 or Jennifer Burdette @ncdenr.gov Joanne Steenhuis in the DWR
Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov .
Sincerely,
I I . 6�
Jim gson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3900
Certificate of Completion
cc: Gregg Bodnar - NC DMF — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office
Jennifer Burdette — Wetlands and Buffer Unit
Jonathan Howell - DCM Morehead City — electronic copy
Jason Dail — DCM Wilmington
WiRO
,IUN 2014
C) NR - WAYEA QUAL N
ra,Nands E StornnvaW Brtnch

Figure 3: AR -360 Topsail Reef Proposed Internment Section
A 1 68 acre grid has been established for the deployment of
internment reef balls contracted through Eternal Reefs, Inc The
two acre grid has space available for 150 Eternal Reef Balls (Bay,
Pallet and Ultra) to be deployed during the permit timeframe Legend
v RS
O Internment R6
as 0 175 350 700 Feet 1 68 Acre Internment Sectlon
I + + + I r r r 1
0 178 Acres
s
- nsl w 105 Acres
NC DMFArtlflclal Reef Program Penner - H Unit
Date 41412014 � '"`�`f� �
r o ® RCP 0 26 Acres
9 '0
Page 3 of 4 ;;�; wa Hanover RCP 2 75 Acres
rce sn G' oes ,Esn, GEBCO
OAA, ational Geograp AA, Nab'onai Geographrc,1 ® AR -360 Natural Bottom
RECEIVED
DCM WILMINGTON, NC

N
U
C O
ED
N
U N
N
E d
d
C
d
C
v
C
CL
3
m
2
c
a
Z
N
U
C O
O
N
U N
N
E d
d
C
C
C
d
� Q
H
CL = CD
� r
a
�.Y Q
H W
m
E
W
O
i
O
_N
Q
c�
c�
(3)
V
(O
Q
cn
cn
m
V
W
ztf
X
3
u�
a
cn
m
rn
0
N
m
a
m
X QS
CL
ca D
a> m
a�
c�
CL
U M
lD (!i
N �
Y `
2
O
a`�
do v
CL)
C o
� � d
f6
Q° a
LL
0
U
Z
0
m
0
0
O
W
RECEIVED
DCM WILMINGTON,
NC
A(JR w E- C'ut-1-1
a
�.Y Q
H W
m
E
W
O
i
O
_N
Q
c�
c�
(3)
V
(O
Q
cn
cn
m
V
W
ztf
X
3
u�
a
cn
m
rn
0
N
m
a
m
X QS
CL
ca D
a> m
a�
c�
CL
U M
lD (!i
N �
Y `
2
O
a`�
do v
CL)
C o
� � d
f6
Q° a
LL
0
U
Z
0
m
0
0
O
W
RECEIVED
DCM WILMINGTON,
NC
A(JR w E- C'ut-1-1