19951268 Ver 2_Approval Letter_20080204

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Bald Head Island L>mlted, LLC
Attn: Kent Mitchell, President
PO Box 3069
Bald Head Island, NC 28461
February 4, 2008
TH'~ W Project # 95 1268 V2
~~ ~ swick County
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Subject Property: Deep Point Marina, Southport
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mitchell:
You have our approval, in accordance with the attached conditions and those listed below, to place 3450 sq
ft (0.08 acre) of clean sand fill material and stabilize it with riprap/gabions at the subject property, as
described within your 401 Express application (CAMA Modification) dated January 17, 2008 and received
by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 29, 2008.
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 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 will 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 1501inear feet of stream, compensatory mitigation maybe 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. Project Compliance
You will have 30 days from the date of this letter to provide this Office with copies of the recorded
deed notifications or similar mechanisms for the remaining wetlands on this property that were
required by the previous certification issued to Blue Point Marina on January 12, 2004.
2. Impacts Approved
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: No`hcarolina
~atura!!y
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
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterouali .orE Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Page Two
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands N/A (acres)
Coastal Wetlands N/A (acres
Open Water (fill) (3450 sq ft) (0.08 ac)
existing boat basin
excavated from high
ound Proposed Layout (see attached)
Plan seal dated 1/25/08
3. 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.
4. 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 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.
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.

Page Three
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
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 Centra] Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Si
~~
~ -
Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Bruce Marek -Engineer/Consultant
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan -DWQ 401 Unit
Doug Huggett -DCM Morehead City
Heather Coates -DCM Wilmington
Central Files
WiRO

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'\~ ° ~~.•~ r• ~, ~otie< ~ -Qoyse~ SAND FILL &
~-'~,r O~et~ `~ GABION/RIP-RAP PROTECTION
• ~ o ~ r.~`~ '~ ~e o`~ ~~~ ~ TO BE INSTALLED UNDER/PRIOR TO
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.~, ~,~~~, ,~ ~ PHASE I 200 LFf
~ PHASE II - 145 LFf
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~' ~ ~~ SITE TOTAL IMPACT AREA: 345 If X 10' = 3450 If = .08 ac
30 0 30 60
EXISTING MARINA
~~ , BULKHEAD GRAPHIC SCALE
NOTE: 200 LF PHASE I IS CAMA 91-96 MINOR MOD REQUEST FROM OCT 2007
LAND SIDE AND IS FOR UNDER THE NEW FERRY TERMINAL
BULKHEAD CAP THE REMAINING PORTION WILL BE PROCESSED AS A SEPERATE CAMA MINOR MOD
CONCRETE P1lES
5.86± FMSL ~j -~ (FOR TERMINAL STRUCTURE)
10 FT~ GABBIONS 8
RIP-RAP
36" CONCRETE SHEET PILE
APPROX. 26' LONG
(TYPICAL/EXISTING)
(Preferred Mud Line) 0 FMSL
q PROPOSED GABIONS
(Existing Mud Line -Varies) .~~ Q 1 WITH LARGE RIP-RAP MATERIAL
SAND PROPOSED SAND FILL
MARINA DREDGE DEPTH -12' FILL TO 0 FMSL
E TING BOTTO EXISTING BOTTOM RIP-RAP FILL MATERIAL
D RESSION DEPRESSION PER PREVIOUS MINOR
MODIFICATION REQUEST
CROSS SECTION A-A FRONT ELEVATION
BULKHEAD RIP-RAP PROTECTION DETAIL
NOT TO SCALE
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DEEP POINT MARINA
i 301 FERRY ROAD SE
SOUTHPORT, NC ?.8481
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