20131024 Ver 1_Approval Letter_20131009

NOT A GAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Tugboat Properties, LLC
Attn: Mr. William C. Bowen
1990 Smythewick Drive
Greenville, NC 27858
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
October 9, 2013
John E. Skvarla, III
Secretary
DWR # 13 -1024
Perquimans County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hertford Bay Marina
Dear Mr. Bowen:
You have our approval for the impacts listed below for the purpose described in your application dated
September 20, 2013 received by the Division of Water Resources (Division) on September 23, 2013.
These impacts are covered by the attached Water Quality General Certification Number 3900 and the
conditions listed below. This certification is associated with the use of CAMA Major Permit and General
Permit(s) 198000291 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. Please note that
you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
404/401 Wetlands
0.37 (acres)
0 (acres)
Shading from Walkway
and Boardwalks
Water Quality Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone. 252- 946 - 6481 \ FAX '. 252 - 975 -3716
Internet: www.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer

TIM29 AMAJ A 'r OVA
Tugboat Properties, LLC
Attn: Mr. William C. Bowen
DWR # 13 -1024
401 APPROVAL
Page 2 of 3
Open Waters
0.03 (acres)
0 (acres)
Excavation below
Normal Water Line for
Boat Ramp
Open Waters
0.02 (acres)
0 (acres)
Fill Associated with
Boat Ramp
Open Waters
0.09 (acres)
0 (acres)
Shading from Pier "A"
Open Waters
0.08 (acres)
0 (acres)
Shading from Pier "B"
Open Waters
0.03 (acres)
0 (acres)
Shading from Finger
Piers
Open Waters
0.03 (acres)
0 (acres)
Shading from T -Head
Platforms
Open Waters
0.01 (acres)
0 (acres)
Shading from Two Boat
Ramp Docks
2. 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. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
3. Marina Projects
Any marina project that proposes to dispense or store fuel, shall provide and adhere to an EPA
approved Spill Prevention Plan and Countermeasure (SPCC) plant to this Office before the
fueling facilities are constructed.
4. 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 1508 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 (919) 431 -3000 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

Tugboat Properties, LLC
Attn: Mr. William C. Bowen
DWR # 13 -1024
401 APPROVAL
Page 3 of 3
received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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 Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauah @ncdenr.Pov if you have any questions or
concerns.
Sincerely,
Amy Adams
Assistant Regional Supervisor
DWR Washington Regional Office
Enclosure: GC 3900
cc: Doug Dorman, Atlantic Environmental Consultants, LLC,
PO Box 3266, Kitty Hawk, NC 27949
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Doug Huggett, DCM Morehead Office
Lynn Mathis, DCM Elizabeth City
DWR WaRO 401 files
Jennifer Burdette, DWR 401 & Buffer Permitting Unit