20070432 Ver 1_Approval Letter_20071126

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 26, 2007
DWQ Project # 070432v3
New Hanover County
Mason Landing Yacht Club, LLC
Attn: Steve Saieed
3317 Masonboro Loop Road ~`` ~'`
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Wilmington, NC 28409 ~ `'~ ~>
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Subject Property: Mason Landing Yacht Club '~}
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Approval of 401 Water Quality Certification with Additional Conditions ~~
Dear Mr. Saieed:
You have our approval, in accordance with the attached conditions and those listed below, to
perform maintenance dredging within the existing boat basin and access channel, construction of
new bulkheading and a retaining wall, open water breakwater, and redevelopment of a marina
docking facility as described within the CAMA application dated September 9, 2007 and
received by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on
October 16, 2007. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can
also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification
allows you to use 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 LAMA 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 maybe 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
North Carolina Division of W ater Quality
Internet: www.ncwaterqualiN.ore
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
N''o~~nnCaroli a
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1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Location: 512 N. Salisbury St Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affrmative Action Employer - 50% Recycledll0% Post Consumer Paper

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Mason Landing Yacht Club
New Hanover County
DWQ Project # 070432 v 3
are approved including incidental impacts:
Impact Amount Approved Plan Location or Reference
Units
Coastal Wetlands (125 sq ft) 0.003 acres Attached site plans
(fill
Coastal Wetlands (580 sq ft) 0.013 acres Attached site plans
(dyed in )
Open Water (other) (20,290 sq ft - 10,692 Attached site plans
for docks, 8,798 for
bulkhead, 800 for
breakwater 0.466 acres
Open Water (104,678 sq ft) 2.40 Attached site plans
(dredging) acres
O en Water (fill) N/A (acres
2. Erosion & 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 in order to protect surface waters standards:
a. The 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. The 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. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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.

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Mason Landing Yacht Club
New Hanover County
DWQ Project # 070432 v 3
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
5. 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 do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 1 SOB of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-
7215.
Sinc ely,
C ~~~ -
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan -DWQ 401 Unit
Doug Huggett -DCM Morehead
Robb Mairs -DCM Wilmington
Central Files
WiRO Files