20070432 Ver 3_Approval Letter_20071207

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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
December 7, 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 -REVISED ~ ~ ~ `'~
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Approval of 401 Water Quality Certification with Additional Conditions ,~~-~'_~ r - ~`~
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Dear Mr. Saieed: fl ~ --
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You have our approval, in accordance with the attached conditions and those listed below, to y"
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 Numbers 3624 & 3635 (GC 3624 & GC 3635).
This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html.
This Certification replaces the Certification issued to you on November 26, 2007. 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 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
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
One
Nor~tthCarolina
X7,.1.,..,.//.,
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet www.ncwaterqualitY ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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Mason Landing Yacht Club
New Hanover County
DWQ Project # 070432 v 3 (REVISED)
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts
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
(dred 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.
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 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.

Mason Landing Yacht Club
New Hanover County
DWQ Project # 070432 v 3 (REVISED)
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 150B 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.
Enclosures: GC 3624, GC 3635
Certificate of Completion
Si rely,
~~
Coleen H. Sullins, Director
Division of Water Quality
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

WQC #3624
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES),
5 (SCIENTIFIC MEASUREMENT DEVICES), 6 (SURVEY ACTIVITIES),
7 (OUTFACE STRUCTURES AND ASSOCIATED INTAKES CTURES), 19 (25 CUBIC
YARDS OF FILL), 20 (OIL SPILL CLEANUP), 22 (REM VAL ~V SSELS), 25 (STRUCTURAL
DISCHARGE), 30( MOIST SOIL MANAGEME ~ OR WILF~'LI ,,~~:~~(COMPLETED
ENFORCEMENT ACTIONS), 36 (BOAT RAMPS O TLANI~~S~ IT~S45 (REPAIR OF
UPLANDS DAMAGED BY DISCRETE EVENTS), 4 I I E SAFEP~~dOGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND RfSa, AN~ +l)e$.~EX ~' NG
COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES~,~xF~EGIONAl~1~~ 1, , .
197800056 (PIERS, DOCKS AND BOATHOUSES) AND REGIONA ~M~~~~978 5 ~f,~T
RAMPS), AND RIPARIAN AREA PROTECTION RULES (B F,~1$rl,,`7L S)
This General Certification is issued in conformity with the requirements of Sectio'FI
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Divi '
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for t
discharge of fill material to waters and wetland areas which are waters of the United States
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the
Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3376 issued on March 18, 2002 and WQC Number 3494
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any
of these Nationwide or Regional Permits or when deemed appropriate by the Director of the
Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are
required. Also, Condition No. 8 is applicable to all streams in basins with riparian area
protection rules;
2. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification
requires application to and prior written concurrence from the Division of Water Quality;
That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DER) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;

WQC #3624
5. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall be re-vegetated with native
species which shall be in place within three months following construction or before
initiation of the next growing season;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence fora 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in accordance
with 15A NCAC 28.0200. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification. New development activities located
in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within
the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 26 .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
10. Placement of culverts and other structures in waters, streams and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts and other structures including 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 down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ. Additionally, when roadways, causeways or
other fill projects are constructed across FEMA-designated floodways or wetlands,
openings such as culverts or bridges must be provided to maintain the natural hydrology
of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit,
then an application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
12. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for
design and construction specified in 15A NCAC 07H .1405.
13. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the

WQC #3624
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice
of Violation from the Division of Land Resources and/or the Division of Water Quality are
required to submit a complete application and receive written concurrence to use this
Certification regardless of the proposed impact amount to streams, wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
16. 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.
17. No Impacts Beyond those in Application
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. 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.
18. No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated
program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.

WQC #3624
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By

Alan W. Klimek, P.E.
Director
WQC # 3624

WQC #3635
MAINTENANCE DREDGING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS NATIONWIDE PERMIT 35 (MAINTENANCE DREDGING
OF EXISTING BASINS) AND REGIONAL (GENERAL) PERMIT
NUMBER 198200277 AND 199602878 (CANALS AND BOAT BASINS IN HIGH
GROUND AND MAINTENANCE DREDGING IN OP6{al WATERSI
~- ~~ , ,~
This General Certification is issued in conformity with e ireme~s of Section 401,
Public Laws 92-500 and 95-217 of the United States an t tht?"Not~k)~ Carolina
Division of Water Quality Regulations in 15A NCAC 2H, Se~ti BYO an~i~"L~A t~AC
26 .0201 for the discharge of fill material to waters and wetlan~`~~~s~is describe4~ ~ ~:
the Wilmington District's Nationwide Permit 35 (Maintenance Dred~r o s i~ting'
Basins) or Regional (General) Permit Number 198200277 and 199602&`~~art,~ls a'd,
Boat Basins in High Ground and Maintenance Dredging in Open Water) ar-t~~f,,~~:_
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Cep ',f ,
replaces Water Quality Certification (WQC) Number 3349 issued on March 18, 2(~ '
WQC 3489 issued March 18, 2002. This WQC is rescinded when the Corps of ~
Engineers re-authorizes these Regional (General) Permits or when deemed appropriate
by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500
and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written concurrence from the Division of Water
Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e),
any request for written concurrence fora 401 Water Quality Certification
must include the appropriate fee. If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two
agencies in accordance with agreements reached between the Division of
Water Quality and the Division of Coastal Management;
3. The canal or boat basin shall be permitted to be dredged to its original depth
and width. The applicant is required to supply information regarding the
original depth and width of the site. The area shall not be dredged to a depth
deeper than the receiving water;
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or
any other river basins with Riparian Area Protection Rules (Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from
these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot

WQC #3635
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse,
Tar-Pamlico, Randleman and Catawba River Basins shall be limited to
"uses" identified within and constructed in accordance with 15A NCAC 2B
.0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
That appropriate sediment and erosion control practices which equal or
exceed hose outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" whichever is more appropriate (available
from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) shall be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the Division of Land
Resources has released the project;
7. Excavation and filling of wetlands is not authorized by this Certification. All
fill material shall be placed on high ground and be from an upland source,
and excavation shall not occur in Primary Nursery Areas;
8. If an environmental document is required, this Certification is not valid until a
Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is
issued by the State Clearinghouse;
9. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
10. Additional site-specific conditions may be added to projects proposed under
this Certification in order to ensure compliance with all applicable water
quality and effluent standards;
11. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Nationwide Permit 35
or Regional Permit 198200277, whichever is sooner;
12. When written concurrence is required, the applicant is required to use the
most recent version of the Certification of Completion form to notify DWQ
when all work included in the 401 Certification has been completed;
13. Projects with any impacts to streams, wetlands, and/or waters that have
received a Notice of Violation from the Division of Land Resources and/or
the Division of Water Quality are required to submit a complete application
and receive written concurrence to use this Certification regardless of the
proposed impact amount to streams, wetlands, and waters.

WQC #3635
14. 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.
15. No Impacts Beyond those in Application
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. 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.
16.No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated program has released the
project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal
and/or civil penalties.

WQC #3635
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is determined that the project is likely to have a significant adverse effect upon water
quality including state or federally listed endangered or threatened aquatic species or
degrade the waters so that existing uses of the wetland or downstream waters are
precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
~--
Alan W. Klimek, P.E.
Director
WQC # 3635