20110583 Ver 1_Approval Letter_20110620

Beverly Eaves Perdue
Governor
Lawrence Hodgkins
Anita Rish- Hodgkins
1 10 River Road
Washington NC 27889
Coleen H. Sullins
Director
July 22, 2011
Subject Property: Boatworks Floating Docks
Runyon Creek [TAR07 29.3 -(2); SC, NSW)
Dee Freeman
DWQ Project # 11 -0583
Beaufort County
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Hodgkins and Mrs. Rish- Hodgkins:
You have our approval, in accordance with the attached conditions, to place fill
material within or otherwise impact 0.04 acres of waters to construct a floating dock
facility utilizing 5 -tie pilings, three dock sections, and seven finger piers to
accommodate ten (10) boat slips as described in your application received by the
Division of Water Quality (DWQ) 401 Oversight/ Express Review Permitting Unit on June
17, 2011. The Division of Water Quality (DWQ) General Water Quality Certification
Number 3641 covers these water impacts. This Certification allows you to General
Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In
addition, you should get or otherwise comply with any other federal, state and local
requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations and LAMA. 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
North Carolina Division of Water Quality Internet: www.ncwaterquality-org
943 Washington Square Mall - Phone: [phone] One
Washington, NC 27889 FAX [phone] NOrthCarohna
An Equal Opportunity/Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper Aaturally

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conditions listed in the attached certification and any additional conditions listed
below.
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:
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Diffuse Flow
All stormwater shall be directed as diffuse flow at non- erosive velocities through
the protected stream buffers and will not re- concentrate before discharging into
the stream as identified within 15A NCAC 213 .0259(5)
4. Buffer Replanting
Replanting of vegetation within .disturbed areas located within 30 feet of the
shoreline or coastal wetland (whichever is more landward) , associated with piling,
dock and finger pier installation, repair, replacement and /or maintenance must be
done in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre - existing_ grassed lawns must be replanted with grass.
Disturbed areas with pre- existing trees; or woody vegetation must be replanted with
trees and woody vegetation. Disturbed areas with pre - existing forest vegetation
must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 320 trees per acre at
maturity. This density can usually be achieved by planting approximately 436 (10 x
10 spacing) to 681 (8 x 8 spacing) trees per acre.)
5. Mechanized Equipment O &M
Amount Approved
Units
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
acres
Waters
0.04 (acres)
Plan w/ CAMA Major -
Application
Buffers
(square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water
Quality Certification (GC) 3641.
3. Diffuse Flow
All stormwater shall be directed as diffuse flow at non- erosive velocities through
the protected stream buffers and will not re- concentrate before discharging into
the stream as identified within 15A NCAC 213 .0259(5)
4. Buffer Replanting
Replanting of vegetation within .disturbed areas located within 30 feet of the
shoreline or coastal wetland (whichever is more landward) , associated with piling,
dock and finger pier installation, repair, replacement and /or maintenance must be
done in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre - existing_ grassed lawns must be replanted with grass.
Disturbed areas with pre- existing trees; or woody vegetation must be replanted with
trees and woody vegetation. Disturbed areas with pre - existing forest vegetation
must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 320 trees per acre at
maturity. This density can usually be achieved by planting approximately 436 (10 x
10 spacing) to 681 (8 x 8 spacing) trees per acre.)
5. Mechanized Equipment O &M

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All mechanized equipment operated near surface waters must be regularly
inspected and 'maintained to prevent contamination of waters from fuels,
lubricants, hydraulic fluids, or other toxic materials.
6. No Additional Impervious Surfaces
No additional impervious surfaces shall occur within Zone 1 of the protected riparian
buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B
.0259), unless otherwise approved by the DWQ.
7. Work Moratoriums
The permittee will need to adhere to all appropriate in -water work moratoriums
prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife
Service, and National Marine Fisheries Service. All in water work should be
performed outside of the moratorium (February 15- June 30).
8. Standard Erosion and 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:
a. 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.
b. 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. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all
times.
9. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond th;e footprint of the impacts depicted in the Pre - Construction
Notification. 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.

Page 4 of 5
10. "Re- opener" Clause
Boatworks and its authorized agents shall conduct its 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. Boatworks shall require its
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. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ 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, DWQ 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, DWQ shall notify Boatworks 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 Boatworks C/O Lawrence
Hodgkins 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.
11. 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
Oversight /Express Review Permitting Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 - 1650.
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 water 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 Division of Water Quality under Section 401 of
the Clean Water Act and the Tar - Pamlico riparian buffer protection rule as described

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within 15A NCAC 2B .0259. If you have any questions, please telephone Amy Adams
of the Washington Regional Office at 252 - 948 -3917 or Ian McMillan of the 401
Oversight /Express Unit at 919- 807 -6364.
Sincerely,
or Coleen H. Sullilns
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight /Express Unit
DCM; Doug Hugget, Major Permits Coordinator Morehead Office
DCM, David Moye, District Manger, Washington District Office
DLR, WaRO
File copy
Filename: 11- 0592_BOatworks_3641 _Approval /aa

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