20061250 Ver 3_Approval Letter_20200302

March 2, 2020

DWR # 2006-1250V3
Carteret County
WSLD Bogue Watch VI, LLC
Attn: David Mason
367 West Center Street
Holly Springs, NC 27540

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Bogue Watch (221 Bow Spray Drive – Newport, NC 28557)

Dear Mr. Mason:

You have our approval, in accordance with the attached conditions and those listed below to
perform maintenance dredging within an existing boat basin and entrance channel impacting
approximately 3.32 acres of shallow bottom habitat, as described in your CAMA Major
Development Permit application, which was received by the Division of Water Resources
(Division) on January 14, 2020. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number 4175 (GC 4175).

This Certification allows you to use the General Permit No. 198000291 when issued by the US
Army Corps of Engineers and 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, Water Supply Watershed, 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 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. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.

2. The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a copy
of this Certification.

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3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration of
this Certification.

4. The applicant/permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State
and Federal law. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification.

5. All mechanized equipment operated near surface waters shall be inspected and
maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure
of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]

6. The permittee shall report to the Wilmington Regional Office at [phone] (after
hours and on weekends call 800-858-0368) any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the applicant became aware of
the circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.

7. Moratoriums

You will comply with any moratoriums per the NC Division of Marine Fisheries and the
NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required
by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and
National Marine Fisheries. If such activities should take place during periods of high biological
activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the
request of other state and federal agencies and coordinated with these dredging activities.

8. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if
turbidity exceeds this level due to natural background conditions, the existing turbidity
level shall not be increased. [15A NCAC 02B .0221]

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9. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should
not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and
the Division of Water Resources must be notified if this is to occur.

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 and/or authorized agent is required
to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion (the certification of completion is also available at:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).

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.

This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk’s Office at [phone] for information.

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00
am and 5:00 pm, excluding official state holidays).

The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.

Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

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This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington
Regional Office at 910.796.7303 or [e-mail].

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosures: GC 4175

cc: Gregg Bodnar, DCM Morehead City Office, EC
Liz Hair & Gregory Currey, USACE Wilmington Regulatory Field Office, EC
Ronald Cullipher, The Cullipher Group, PA, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

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