20051795 Ver 1_Approval Letter_20070222

O~OF W ATF9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2007
Mr. Steven A. Shuttleworth
City Marina Wilmington, LLC
7741 Market Street, Suite H
Wilmington, NC 28411
Re: The City Marina (Riverfront Marina), New Hanover County
DWQ #051795; USACE Action ID. No. 200501105
APPROVAL of 401 Water Quality Certification
Dear Mr. Shuttleworth:
Attached hereto is a copy of Certification No. 3617 issued to Mr. Steven A. Shuttleworth of The City
Marina Wilmington, LLC, and dated February 22, 2007. 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.
AWKlcbk
Attachments: Certificate of Completion
Sin e ,
Alan W. Klimek, P.E.
cc: Charles E. Davis, P.E., Criser, Troutman, Tanner Consulting Engineers
Charlie Stehman, DWQ Aquifer Protection Regional Supervisor
Henry Wicker, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Doug Huggett, DCM Morehead City
Jim Gregson, DCM Wilmington
Becky Fox, EPA
Noelle Lutheran, DWQ Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]FAX[phone]Intemet: htta:!/h2o.enr.state.nc.us/ncwetlands
Filename: 051795RiverfrontMa rina(NewHanover)401 _IC
No ehCarolina
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An Equal OpportunitylAffirmative Action Employer- 50°~ Recycled/10% Post Consumer Paper

The City Marina Wilmington, LLC ~ .
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February 22, 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 Steven A. Shuttleworth of The City Marina Wilmington,
LLC to dredge and/or excavate 8.80 acres of jurisdictional waters, 6.97 acres of uplands, and 0.05 acres of
Coastal Wetlands (located within the concrete fill in the southern and central canals and authorized in a
1976 CAMA Permit) in the Cape Fear River Basin, associated with the construction of The City Marina in
New Hanover County, North Carolina, pursuant to an application filed on the 21st day of November of
2005, and in additional correspondence received December 21, 2005, November 20, 2006, and January 11,
2007.
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
adverse impact to water quality, 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 are met. No other impacts are approved including incidental
impacts:
Dred a/Excavate Amount A roved Units Plan Location or Reference
Stream N/A feet
CAMA Wetlands 0.05 (acres) (2,090 s ft) southern and central canals
Waters 8.80 acres marina basin
Buffers N/A (s ft
2. The Corrective Action Plan
The Corrective Action Plan (CAP) prepared for Almont Shipping Terminals dated September
2005 must be completely installed and operational prior to excavating the marina basin. Post-
remediation groundwater sampling and monitoring must be carried out as proposed in the CAP.
If it is deemed necessary by the NC Division of Water Quality, additional groundwater sampling
and monitoring will be required.

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The City Marina Wilmington, LLC
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February 22, 2007
3. Pre Construction Meeting Required
A pre construction meeting must be held on site prior to beginning excavation and dredging work.
At a minimum, a Managing Member of The City Marina Wilmington, LLC, the grading
contractor in charge of excavation work, a New Hanover County Sedimentation and Erosion
Control Program representative, a NC Division of Water Quality Surface Water Protection
representative, a NC Division of Water Quality Aquifer Protection representative, a US Army
Corps of Engineers representative and a NC Division of Coastal Management Representative
must be present.
Alternative Dredging and Disposal Plan
4. Prior to beginning work in jurisdictional waters and uplands authorized by this Certification, the
final construction plans must be submitted to the Wilmington Regional Office DWQ Aquifer
Protection Regional Supervisor and the DWQ Surface Water Protection Supervisor for approval.
The plans must clearly depict the proposed site layout, including but not limited to the temporary
paved work area, the designated spoil disposal area, and the Disposal Area with a detail of the
emergency overflow design. The site plans must include a description of the construction
sequence during the excavation and the soil and effluent remediation phase. The final
construction plans must correspond to the following conditions:
a. Excavation and dredging activities must be accomplished by use of a dragline or similar
method to minimize water volumes. Hydraulic dredging is prohibited by this Certification.
b. Maximum Soil Contamination Concentrations (MSCC's) for Industrial/Commercial Soil
Cleanup Levels must be utilized to determine which soils require treatment and/or disposal
and which can remain onsite.
c. Dry soils above the water table (not exceeding the MSCC's) can be used for fill upland of the
marina basin.
d. Contaminated areas below the water table will be excavated as landlocked pits (in
order to avoid the potential for drainage to waters of the US), and the removed soil will
be staged on site on a constructed temporary impervious (paved) work area for aeration
and dewatering. Water from this area must be captured and either pretreated and sent to
the City of Wilmington sanitary sewer system or collected and disposed of at a
permitted treatment facility.
e. All potentially contaminated sediments and saturated soils must be tested by composite
sampling at the dewatering work area to detect any contamination. If measured levels
in a sampled composite exceed MSCC limits proposed for this site, the sampled soils
must be disposed of (after dewatering) at a permitted facility or placed onsite in a
designated spoil disposal area.
£ When the marina excavation is complete the spoil disposal area must be covered with a
minimum of 18" of clean soil and vegetated. The cover must be graded to enhance
sheet flow of the spoil disposal area. The spoil disposal area must be located under
future parking areas when possible.

The City Marina Wilmington, LLC
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February 22, 2007
After removal of soils exceeding MSCC levels, all other excavated soils must be
removed and placed in the onsite disposal area shown on the Disposal Area Plan, sheet
number 2 (S2) of the CAMA Major Permit application to construct the Riverfront
Marina prepared for the Almont Shipping Company dated August 2005.
h. The volumes of water that will be generated by excavation described above under (g)
must be contained within the Disposal Area. As a safety factor against the possibility
of overflow due to extreme weather events, an emergency overflow must be installed.
The overflow must be designed in a manner that only allows a discharge when the dike
is threatened. DWQ must approve the design before the Disposal Area can be used.
All excavation activities must take place upland of an in-situ earthen river-marina
interface until removal of the interface becomes necessary. A floating silt barrier along
the waterfront and secondary silt barriers must be provided to minimize turbidity
during removal of the earthen barrier at the completion of the project.
j. Documentation of all testing and disposal of contaminated water and/or soil must be
prepared by the appropriate professionals as required.
Groundwater and Surface Water Sampling and Monitoring Plan Required
A sampling and monitoring plan for the potentially contaminated soil and water removed during
excavation of the marina basin must be developed and submitted to the Wilmington Regional
Office DWQ Aquifer Protection Regional Supervisor and the DWQ Surface Water Protection
Supervisor for approval prior to beginning excavation. This plan should detail the type of
analysis and the frequency and location of both groundwater and surface water sampling that is
necessary to comply with this Certification. Information on the person in charge of sampling and
the certified lab that will conduct the testing must also be included.
6. During excavation of the marina, weekly monitoring reports must be submitted to the DWQ
Aquifer Protection Regional Supervisor and the DWQ Surface Water Protection Supervisor.
These monitoring reports must include the lab reports and a daily log describing the approximate
volumes of soil and water that were excavated, collected, sampled and then distributed to the
appropriate area for disposal based on sampling results.
7. If data collected during sampling and monitoring of the water collected during the remediation
phase suggests that the discharge of the effluent to the Cape Fear River would not result in a
violation of water quality standards, a short term degradation of water quality or potential adverse
effects on fisheries, DWQ can approve or disapprove a written request to discharge the effluent
based on the data provided.
Sediment and Erosion Control
8. 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.

The City Marina Wilmington, LLC
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February 22, 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.
9. No dredging, excavation, or discharge of 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/404/401Permit 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.
10. 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.
11. Construction Stormwater Permit NCGO10000
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 stormwater permit (NCGO10000) 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 keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http •//h2o enr. state. nc. us/su/Forms Documents. htm.
Continuing Compliance
11. Steven A. Shuttleworth and City Marina Wilmington, LLC, 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
are 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 are 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 Steven A. Shuttleworth and/or City
Marina Wilmington, LLC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Steven A.
Shuttleworth and/or City Marina Wilmington, LLC 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.

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February 22, 2007
Other conditions
12. No Dewatering Activities
Dewatering activities during construction of upland development infrastructure is prohibited by
this Certification unless The City Marina Wilmington, LLC secures authorization in writing from
the DWQ Aquifer Protection Regional Supervisor and/or the DWQ Surface Water Protection
Regional Supervisor.
13. 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 this office and to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
14. Dredge and Fill Moratorium Dates
In accordance with the NC Division of Marine Fisheries' dredging moratorium in the Cape Fear
River, the dredging activities in open water approved by this Certification must not take place
during the months of February, March, April, May, June or July.
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.
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 22°d day of Febr 007
D ION W ITY
~-1,/
Alan W. Klimek, P.E.
AWK/cbk
3617

/•
DWQ Project No.:
Applicant:
Project Name:
Certification of Completion
county:
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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
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 Permiee 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.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date