20080039 Ver 1_Approval Letter_20080815

do W A TF9pG Michael F. Easley, Governor
d 6 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 15, 2008
New Hanover County
DWQ Project 08-0039
Old Wilmington Shipyard, LLC &
Holmesbridge, LLC
Attn: Michael White
1550 Point Harbor Drive
Wilmington NC 28401

Subject Property: Point Harbor Marina

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. White:
"IN
You have our approval, in accordance with the;i`tt conditions to impact 4.44 acres of non-vegetated
wetlands (open water) and 0.05 acres egetatec t erform maintenance and new excavation,
to construct a bulkhead, docking fa , cW-' tor,~age a n areas, and an entrance road as you
described in your application received y pNi.,Q. ' ' ' ion at ty (DWQ) Wilmington
Regional Office (WiRO) on January 4, 2008. 'Adoj ' format as ed by the DWQ on May
14, 2008 and July 3, 2008. After reviewing your ap o ve i d that the impacts are covered
by General Water Quality Certification Number 3642 (G Certification can also be found on
line at: hllp:/ih2o.enr.state.nc.us/ncwetlands/certs.htm1. The Ce you to use the CAMA
Major Permit when issued by the Division of Coastal Management. In o , ou should obtain or
otherwise comply with any other required federal, state or local permits be or 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. 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.
No Carolina
JJVaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.mwateraualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

2. 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.
3. 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.

4. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.

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 Ce icati s 'th the approved wetland or
stream impacts), you may ask for an adjudicatory n ou m 6 s of the date that
you receive this letter. To ask for a hearing, send a i hic o ter 150B of
the North Carolina General Statutes to the Office of Admm n 6 ice Center,
Raleigh, N.C. 27699-6714. This certification and its conditions a 417 ag unl s you ask for a
hearing. 4

This letter completes the review of the Division of Water Quality under Section 401o an Water
Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 9 0-796-7215.

S' erely,

Coleen H. Sullins, Director
Division of Water Quality

Enclosures: GC 3642
Certificate of Completion

cc: Stephen Clark - The Clark Group, P.O. Box 10136, Wilmington, NC 28404
Doug Huggett - DCM Morehead City
Rob Mairs - DCM Wilmington
Dave Timpy - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Central Files
WiRO

WQC #3642

CAMA PERMIT CERTIFICATION

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS
198000291, 198000048, 198700056,197800080, 197800125, and 198200277 AND
NATIONWIDE PERMIT NUMBERS 3 12 14 18 27 29 33 35 39 and 43, WHEN APPLIED
TO CAMA PERMITS, AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional General Permits or when deemed appropriate by the Director of 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 conditions hereinafter set forth.
Conditions of Certification:

1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;

3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 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;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation maybe required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
1

WQC #3642

road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;

6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major 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. 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. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
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. 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 (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;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
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. 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 General Permit 198000291, whichever is
sooner.
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.

2

WQC #3642

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 that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality 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

au`~

Alan W. Klimek

Director

WQC # 3642

3

Certification of Completion

DWQ Project No.: County:

Applicant:

Project Name:

Date of Issuance of Wetland Permit:

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 the 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. It is not necessary to send
certificates from all of these.

Applicant's Certification

I, , 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: Date:

Agent's Certification

I , 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: Date:

If this project was designed by a Certified 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 Permittee 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

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Map Depicting a Possible
THE CLARK GROUP Point Harbor Marina Conceptual Plan For Site
PO BOX VW, WL"TON, NC 28404 Wilmington, N. C. Development
PR 910.8023900 - FAX- 910.602,3975 New Hanover County
EXN/BIT 9 CAMA Major Application
April 9, 2008

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PO BOX VW, WLMTON, NC 28404 Wilmington, N.C. CAMA Major Application
PH. 9p.6023900 - FAX: [phone] New Hanover County April 9, 2008
EXH/BI T 6

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THE CLARK GROUP Point Harbor Marina PROPOSED PERMANENT
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PO 91X VW9 VY00 - FAX [phone]®75 Wilmington, N.C. AND FORCE MAIN
New Hanover County CAMA Major Application Modification
EXHIBIT 14 April 9, 2008

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PROFILE OF PROPOSED

THE CLARK GROUP Point Harbor Marina WATER LINE IN
REFERENCE To NORTHEAST
a PO BOX M3 iXON, 22494 Wilmington, N. C. CAFE FEAR RIVER BOTTOM
PH. 910.8023900 00 - FAX: [phone]
New Hanover County CAMA Major Application Modification
EXHIBIT 15-B April 9, 2008

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PROFILE OF PROPOSED

THE CLARK GROUP Point Harbor Marina SEWER LINE IN
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PR 910.62300 - FAX: [phone] New Hanover County CAPE FEAR RIVER BOTTOM
EXHIBIT 15-A CAMA Major Application Modification
April 9, 2008

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PROnO02M-FAX: 9nW23O75 New Hanover County Disposal
EXHIBIT 17 CAMA Major Application Modification
April 9, 2008

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Depicting Proposed
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Phl. 910.6023900 - FAX [phone]
New Hanover County CAMA Major Application
EXHIBIT 16
April 9, 2008