20150358 Ver 1_Approval Letter_20150518

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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 18, 2015
Donald R. van der Vaart
Secretary
New Hanover County
DR Project #: 15 -0358
W
Mr. John Clark
Ms. Mary Denison
507 Pendleton Street
Alexandria VA 23314 IE C
Subject Property: 8 Cedar Island — Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Clark & Ms. Denison,
You have our approval, in accordance with the attached conditions to impact 0.003 acres (130 square
feet) of wetlands and 0.159 acres of open waters (6,922 square feet) in order to replace an existing
bulkhead and reconfigure an existing private docking facility as described in your application received
by the N.C. Division of Water Resources (DWR) on April 13, 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: http: / /portal.ncdeni-.orfz/ web /wq /sA,p/NN,s /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 CarolinKa 28405
Phone: 910 - 796 -72151 Internet: www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

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Clark/Denison Bulkhead
New Hanover County
2015 -0358
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
Wetlands
0.003 acres (130 square feet)
CAMA Major Permit
Application
Open Water
0.159 acres (6,922 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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Clark/Denison Bulkhead
New Hanover County
2015 -0358
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 2B .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 he Office ,,of Adraainistrative
Hearings within five (5) business days following the faxed trans scion., 3
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Clark/Denison Bulkhead
New Hanover County
20]5 -0358
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.
Si cerely,
TI'
J egson, Region Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3900
cc: Michael Conard — Carolina Marine Construction, 6400 -8 Carolina Beach Road,
Wilmington, NC 28428 _
Jonathan Howell — DCM Morehead City
Robb Mairs — DCM Wilmington
Tyler Crumbley — USACE Wilmington Field Office
401 & Buffer Permitting Unit — FILE COPY
WiRO

Certification of Completion
DWR 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 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:
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
1, , 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 Rues;e
`- , approved plans and
specifications, and other supporting materials. =��
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Signature: Registration No. r n rn Date —= ' F;,
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Permit Class
NF.W
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X
Coastal Resources Commission
,Permit
Permit Number
72-15
for \
Major Development in an Area of Environmental Concern
pursuant to, NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Clark and Mary Denison, 507 Pendleton Street, Alexandria, VA 23314
Authorizing development in New Hanover County at adj. Cedar Island Basin, 8 Cedar Island, off
Greenville Sound Loop Rd., , as requested in the permittee's application dated 3/20/15 incl. attached
workplans (6), 1-4 of dated 3/15/15 and S1 and S2 dated 3/12/15.
This permit, issued on July 2, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) No excavation shall take place at any time in any outside of the area indicated on the attached
workplan drawing(s).
2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) To prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall enclose the
area to be excavated, and a 24 hour period after completion of excavation shall elapse prior to
removal of the curtain.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval., -
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
U //
txtdA C. Davis, Director
of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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John Clark and Mary Denison Permit #72-15
Page 2 of 5
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized
5) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.,
6) No spoil material is to be placed within 30 feet of the normal high water line
Maintenance Clause
7) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any future maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Docking Facility
8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust
waters without permit modification. _
9) , No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
10) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
11) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
12) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.

I
�► John Clark and Mary Denison
ADDITIONAL CONDITIONS
Permit #72-15
Page 3 of 5
13) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
- inclement weather.
15) This permit authorizes a maximum of formalized 5 boat slips. ,
Shoreline Stabilization
16) The alignment of the authorized bulkhead, riprap and marsh protection sills shall adhere to the alignment
shown on the attached workplan drawings.
17)'. The alignment of the bulkhead, riprap and marsh protection sills shall be staked by a representative of
the Division of Coastal Management within a maximum of 30 days prior to the start of construction.
18) The marsh protection sills shall be marked at 50 -foot intervals with yellow reflectors extending at least
three feet above normal high water level.
19) Each of the two authorized marsh protection sills shall incorporate at least one five-foot wide drop-down
or opening.
20) The height of the two marsh protection sills shall not exceed 12 inches above the normal high water
level.
21) All riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent
its movement from the approved alignment by wave or current action.
22) All riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete. '
23) The bulkhead shall be constructed prior to any backfilling activities.
24) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
25) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or
other suitable materials approved by Division personnel.
26) The backfill material shall be clean and free of any pollutants except in trace quantities. All backfill
material shall be obtained from a high ground source and confined behind the permitted bulkhead.

John Clark and Mary Denison Permit #72-15 `
Page 4 of 5
ADDITIONAL CONDITIONS
27) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
EROSION & SEDIMENTATION CONTROL
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Division of Energy, Mineral and
Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
28) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
29) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
30) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
General
31) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
32) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structures.
33) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
34) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.

John Clark and Mary Denison Permit #72-15
Page 5 of 5
ADDITIONAL CONDITIONS
35) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required..
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID. No.
SAW -2015-00503.
NOTE: The N.C. Division of Water Resources authorized this project by way of General Water Quality
Certification No.3900 (DWR Project No. 15-0358), which was issued on 5/18/15.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

ASA
RCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
April 9, 2015
Division of Coastal Management
MEMORANDUM:
TO:
FROM
SUBJECT
Chad Coburn
401 Wetlands
DWR - WiRO
A,; t,
`1-1 rf-
Donald R. van der Vaart
Secretary
RECEIVED/NCDENR/M
APR 13 2015
Water Quality Regional
Operations Section
Wilmington Regional Office
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
CAMA /D&F Permit Application Review
Applicant: John Clark and Mary Denison
hi,1`r 2 ? 2 0',
Project Location: 8 Cedar Island (off Greenville Loop Rd.), adjacent to the Cedar Island Basin/canal,
in Masonboro Sound, in Wilmington, New Hanover County
Proposed Project: to replace an existing bulkhead with new shoreline stabilization, and to reconfigure
an existing private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May Z 2015. If you have
any questions regarding the proposed project, contact Robb Mairs at [phone]
when appropriate, in depth comments with supporting data is requested.
�-cl / Z'L'C`C C-5-116115 c c c
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE b
C)
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer