20070827 Ver 2_Approval Letter_20080327

o~oF w a r~R4G Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~- North Carolina Department of Environment and Natural Resowces
~ ~
4 ~-- '~' .~ Coleen H. Sullins, Director
„raft;.....,.
Division of Water Quality
March 27, 2008
DWQ Project # 07 0827 V2
Carteret County
Hammerhead Corporation, Inc.
Attn: William Farrington
8108 Sound Drive I~
Emerald Isle, NC 28594
Subject Property: Shell Cove North Phase II
Approval of 401 `vVater Quality Certification with Additional Conditions
Dear Mr. Farrington:
You have our approval, in accordance with the attached conditions and those listed below, to conduct
maintenance dredging of access channel and canal and to excavate an upland boat basin, stabilizing the
shoreline with a bulkhead and retaining wall at the subject property, as described within your CAMA
application dated December 10, 2007 and additional information received by the N.C. Division of Water
Quality (DWQ) on March 11, 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 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 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 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 on the following pages.
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
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
No ° hCarolina
~attlru!!y
Nor[h Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterauality.orv Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110°/ Post Consumer Paper

Page Two
Hammerhead Corporation, Inc.
Attn: William Farrington
DWQ Project # 070827 V2
March 27, 2008
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet)
404/401 Wetlands N/A (acres)
Coastal Wetlands 725 s ft (0.0166 acres) See Attachments
Open Water
Channel
Canal
(8,125 sf) (0.19 acres)
(21,875 sf) (0.50 acres)
See Attachments
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 Nortla 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 arad 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 Nortla 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 LAMA 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.
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 applicasble
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401iWetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
-:

Page Three
Hammerhead Corporation, Inc.
Attn: William Farrington
DWQ Project # 070827 V2
March 27, 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 Bivision 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
919.715.4631 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Si rely,
Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3642
Certificate of Completion
cc: Bentley Brooks -Brooks Dredging Marine Construction
David Timpy - USACE Wilmington
Ian McMillan -DWQ 401 Oversight Unit
Doug Huggett -DCM Morehead
Jonathan Howell -DCM Morehead
Central Files
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