20150238 Ver 1_Approval Letter_20150323

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NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
March 23, 2015
NC Division of Parks and Recreation
Mr. James C. Helms
P.O. Box 475
Carolina Beach NC 28428
Subject Property: Carolina Beach State Park — Oyster Sill
Natural Resources
Donald R. van der Vaart
Secretary
New Hanover County
DWR Project #: 15 -0238
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Helms,
You have our approval, in accordance with the attached conditions to fill 0.135 acres (5,880 square feet)
of open water in order to construct an oyster bag sill and a marl sill as described in your application
received by the N.C. Division of Water Resources (DWR) on March 3, 2015. 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 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 Certification can also be found on
line at: hitp://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits.
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
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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

2
Carolina Beach State Park Oyster Sill
New Hanover County
2015 -0238
The Additional Conditions of the Certification are:
1. 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. 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 measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. 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.
3. 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 Pre - Construction Notification and authorized by this
written approval, including incidental impacts. 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.
Amount Approved (Units)
Plan Location or Reference
Open Water (fill)
0.135 acres (5,880 square feet)
CAMA Major Permit
Application
2. 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 measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. 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.
3. 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 Pre - Construction Notification and authorized by this
written approval, including incidental impacts. 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.

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Carolina Beach State Park Oyster Sill
New Hanover County
2015 -0238
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWR. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and downstream of the above structures. All devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Energy, Mineral, and Land Resources has released the project.
5. Turbidity
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 213 .0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
6. The applicant/permittee 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, then the Division may
reevaluate and modify this General Water Quality Certification.
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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources, 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 Permits.
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 Administrative Hearings at http: / /www.ncoah.com or call
(919) 431 -3000 for information. 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.

4
Carolina Beach State Park Oyster Sill
New Hanover County
2015 -0238
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 Resources 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 DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
Jim regson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
I
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Enclosures: Certificate of Completion
GC 3900
cc: Tracy Skrabal — NCCF, 309 West Salisbury Street, Wrightsville Beach, NC 28480
Jonathan Howell — DCM Morehead City
Robb Mairs — DCM Wilmington
Tyler Crumbley — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO

Certification of Completion
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR 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: Date:
Agent'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:
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. Date