20060137 Ver 1_Approval Letter_20070104

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Michael F. Easley, Governor
William G. Ross )r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2007
Mr. Tim Ward
Carolina Marina, Inc.
1512 Burnett Road
Wilmington, NC 28409
Re: Carolina Marina, New Hanover County
DWQ #060137; USAGE Action ID. No. 200600466
APPROVAL of 401 Water Quality Certification
Dear Mr. Ward:
Attached hereto is a copy of Certification No. 3605 issued to Mr. Tim Ward of Carolina Marina, Inc.,
dated January 4, 2005. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
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Attachments: Certificate of Completion
Sin ely,
Alan W. Klimek, P.E.
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Laura Stasavich, Land Management Group
David Timpy, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Doug Huggett, DCM Morehead City
Becky Fox, U.S. EPA
Noelle Lutheran, DWQ, Wilmington Regional Office (File Copy)
Beth Wetherill, New Hanover County Engineering Office
Central Files
401 Oversight/Express Review Permits Unit
1650 Mai Serv'~ce Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet htta://h2o.enr.state.nc.us/ncwetlands
Filename: 060137CarolinaMarioa(NewHaoover~01 iC
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An Equal OpportunitylAtfinnative Action Employer - 50% Recycled110°~ Post Consumer Paper

Carolina Marina, Inc.
Page 2 of 4
January 4, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 to Mr. Tim Ward of Carolina Marina, Inc. to fi110.0034 acres
(150 square feet) of jurisdictional waters for the purpose of constructing a new bulkhead, and install a new
floating fuel dock with temporary tie ups, a gazebo, and a total of 5 permanent boat slips in the Cape Fear
River Basin, associated with the construction of Carolina Marina in New Hanover County, North Carolina,
pursuant to an application filed on the 25th day of January of 2006, and in additional correspondence
received November 6, 2006.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Amount A roved Units Plan Location or Reference
Stream N/A feet)
404/CAMA Wetlands N/A acres
Waters 0.0034 acres 170 s uare ft. Backfill behind bulkhead
Buffers N/A (s uare ft.
Sediment and Erosion Control
2. 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.

Cazolina Marina, Inc.
Page 3 of 4
January 4, 2007
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 shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit 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. 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.
Continuing Compliance
5. Mr. Tim Ward and Carolina Mazina, Inc., shall conduct construction activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section 303(d) of
the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division
determines that such standards or laws aze not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions aze necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Tim Ward and/or Carolina Marina, Inc.
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and
provide opportunity for public heazing in accordance with 1 SA NCAC 2H.0504. Any new or revised
conditions shall be provided to Mr. Tim Wazd and/or Cazolina Mazina, Inc. in writing, shall be provided to
the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
6. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stonmwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keepiing
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/sulForms Documents.htm.

Carolina Marina, Inc.
Page 4 of 4
January 4, 2007
Other conditions
7. Spill Prevention Control and Countermeasure (SPCC) Plan
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA
approved Spill Prevention Control and Countermeasure (SPCC) plan. A copy of this plan must be
submitted to this Office before the fueling facilities are constructed.
8. No Impacts to CAMA Coastal Wetlands
This letter includes approvals for impacts to waters jurisdictional under Section 404 & 401 of the
Clean Water Act and does not approve impacts to CAMA Coastal Wetlands.
9. No Dredging Allowed
The waters adjacent to the project site are designated as Primary Nursery Area (PNA) by the NC
Division of Marine Fisheries. All dredging activities are strictly prohibited.
10. 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.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 4~' day of January 20
DN ONO W ER LITY
Alan W. Klimek, P.E.
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3605