20071834 Ver 1_No Written Concurrence_20071207

O~oF W A rFR pG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
} r North Carolina Department of Environment and Natural Resources
-I
Q -~ Coleen H. Sullins, Director
Division of Water Quality
December 7, 2007
New Hanover County
DWQ Project #: 07 1834
K'~4
Penny Tillery
403 North Lumina Avenue , f.
Wrightsville Beach, NC 28480 ~ ~_ "'
Subject Property: Penny Tillery
403 North Lumina Avenue ~s
NO WRITTEN CONCURRENCE NEEDED
Dear Ms. Tillery:
You have our approval, in accordance with the attached conditions; to relocate a boatlift to your
existing private docking facility, as described in your LAMA Major application dated September
15, 2007. After reviewing your application, we have decided this impact is below the threshold
for written authorization as long as all conditions of General Water Quality Certification Number
3624 are met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Regional General
# 198700056 Permit when issued by the US Army Corps of Engineers.
This approval is only valid 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation maybe required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
Internet: www.ncwaterauality org Location: 512 N. Salisbury St. Raleigh, NC 27604
One
No Carolina
atura!!y
Phone [phone] Customer Service
Fax [phone]
An Equal OpportunitylAffrmative Aclion Employer - 50°/ Recycledll0% Post Consumer Paper

z
Penny Tillery
DWQ Project #: 07 1834
December 7, 2007
If you do not accept any of the conditions of this certification, 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 at 919-733-1786 or Chad
Coburn at our Wilmington Regional Office at [phone].
Sincerely,

Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3624
Certification of Completion
cc: Ed Flynn - F&S Marine Contractors, Inc., P.O. Box 868 Wrightsville Beach, NC 28480
Dave Timpy - USACE Wilmington
Rob Mairs -DCM Wilmington
Doug Huggett -DCM Morehead
Ian McMillan -DWQ 401 Oversight Unit
Central Files
WiRO

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 INTAKE STRUCTURES), 19 (25 CUBIC
YARDS OF FILL), 20 (OIL SPILL CLEANUP), 22 (REMOVA OF VE S~LS), 25 (STRUCTURAL
DISCHARGE), 30( MOIST SOIL MANAGEMENT FQILDLf~E), 32 '(COMPLETED
ENFORCEMENT ACTIONS), 36 (BOAT RAMPS [IN Nbt~~CIE~L~'WD SITESJ)'; 45 (REPAIR OF
UPLANDS DAMAGED BY DISCRETE EVENTS), 47 (PI~?ELINE.SAFE~TY PROGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND R ppjQtt=2S),~AND d8,(EXISTING
COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), AND REGION~I~P,,ERMIT
197800056 (PIERS, DOCKS AND BOATHOUSES) AND REGIONAL p~F2Ml.T 197800725 GOAT
RAMPS), AND RIPARIAN AREA PROTECTION RULES (BUF`~F~R RULES)
This General Certification is issued in conformity with the requirements of Section`401, Public
Laws 92-500 and 95-217 of the United States and subject to the. North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 26 .0200 forthe
discharge of fill material to waters and wetland areas which are waters of the United States as-
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 26 .0200. This Certification replaces
Water Quality Certification Number 3376 issued on March 18, 2002 and WOC 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 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;
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 DWO 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. Wfie~~ 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 ~;ertification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erasion 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 Contro! 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 tivaste, 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
con:>~ruction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
vic'- ;ions 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
wellands 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
prc, ram has released the project.
Non-comp'' once with or violation of the conditions herein set forth by a specific fill project shall
result in rep ocation of this Certification for the project and may result in criminal and/or civil
penalties.

WQC #3624
The Directo of the North Carolina Division of Water Quality may require submission of a formal
application t r 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 list; d endangered or threatened aquatic species or degrade the waters so that existing
uses of the v~etland or downstream waters are precluded.
Public heari~ gs 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 ~''ater Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By

Alan W. Klimek, P.E.
Director
WQC # 362

Certification of Completion
DWQ 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 th~~~401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh; NC,,, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. Ii is'~ot.necessary to send
certificates from all of these. ~-
_ - ~ .~ ._,
Applicant's Certificntinn - ~ -"~ '~
,~ h
h ,hereby state that, to the best of my abilities, due care~ar~1 cg~nr`~''"vvas
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
~, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that t11e 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 desi~ ned by a Cep°tifced 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 Permtttee 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