20110583 Ver 2_Approval Letter_20120817

PIWA
A47LAL
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 17, 2012
DWQ Project # 11- 0583V2
Beaufort County
Subject Property: Boatworks Floating Docks
Jack's Creek [29- 3 -(2); C, NSW]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Hodgkins:
You have our approval, in accordance with the attached conditions and those listed below, to impact
an additional 0.04 acres for a total of 0.08 acres of waters from shading for the purpose of
constructing an 28 -slip marina (additional 18 slips to existing 10 slips) at the subject property, as
described within your CAMA Major application dated July 20, 2012 and received by the N.C. Division
of Water Quality (DWQ) on July 23, 2012. The impacts described in your application are covered by
General Water Quality Certification Number(s) 3900 (GC3900). This Certifications) is issued in
conjunction with the CAMA Major Permit and General Permit(s) 198000291 when issued by the US
Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit
when the Division of Coastal Management issues it. 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 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. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of the
permit. 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:
North Carolina Division of Water Quality Intemet: www-newaterquali1y.or
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX 252 - 946 -9215 NorihCarolina
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Page 2 of 4
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) 3900.
3. No Impacts Beyond those in Application
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 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.
4. Number of Slips /Dock Space
Use of dock space other than the approved 28 slips is prohibited. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the twenty
eight (28) designated dockage slips as shown in approved plans.
5. Pump - outs /Sewage Disposal
No sewage shall be allowed to be discharged at any time from any boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing appropriate
waste disposal information.
6. Fueling Facilities Prohibited
This permit does not authorize the construction of fueling facilities. 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 to this Office before the fueling facilities are
constructed.
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA
(acres)
Wetlands
Waters
0.04 (acres) Shading
Plat included with CAMA
Major Modification
0.04 (acres) Shading
Application
approved in Version 1
Buffers
(square ft.)
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3900.
3. No Impacts Beyond those in Application
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 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.
4. Number of Slips /Dock Space
Use of dock space other than the approved 28 slips is prohibited. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the twenty
eight (28) designated dockage slips as shown in approved plans.
5. Pump - outs /Sewage Disposal
No sewage shall be allowed to be discharged at any time from any boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing appropriate
waste disposal information.
6. Fueling Facilities Prohibited
This permit does not authorize the construction of fueling facilities. 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 to this Office before the fueling facilities are
constructed.

Page 3 of 4
7. Work Moratoriums
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post - larval
fishes and crustaceans, or other aquatic species of concern shall be implemented.
8. "Re- opener" Clause
River Crest Villas, LLC 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. River Crest Villas, LLC 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 River Crest Villas, 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 River Crest Villas, 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.
9. 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 1506 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.

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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 within 15A NCAC 2B
.0259. If you have any questions, please telephone Amy Adams of the Washington Regional Office at
252 - 948 -3917 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit at 919- 807 -6360.
Sincerely,
A-1
For Chary
Enclosures: Certificate of Completion
GC 3900
cc: Kyle Barnes, Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Major Permits Coordinator, Morehead District Office
DCM, David Moye, Washington District Manager, Washington Regional Office
File copy
F1 l e n am e:11- 0583V2_Boatworks_3900_a p p /aa