20211502 Ver 1_Approval Letter_20220308

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
National Warehouse Leasing
ATTN: Harry Smith
PO Box 543
Greenville, North Carolina 27835
NORTH CAROLINA
Environmental Quality
March 08, 2022
DWR Project # 2021-1502 v1
Beaufort County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION
Harry Smith — Haven's Wharf Marina (rebuild an existing 20-slip stick -built marina with 14 tie pilings and
to install an additional 50'x8' pier for pump out station access.
Dear Mr. Smith:
Attached hereto is a copy of Certification No. WQC004680 issued to Harry Smith, and National Warehouse Leasing,
dated March 07, 2022. This approval is for the purpose and design described in your CAMA Major Permit application
received by the Division of Water Resources (DWR) on October 15, 2021. This certification is associated with the use of
Regional General Permit Number 291 once issued to you by the U.S. Army Corps of Engineers. The plans and
specifications for this project are incorporated by reference as part of this Water Quality 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 Certification and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,
State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters,
or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any
right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in
any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user
is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect
to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404
Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water
Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality
Certification for the project and may also result in criminal and/or civil penalties.
£D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the
Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream
or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands.
Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within
sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General
Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for
filing a Petition and Petition forms may be accessed at http://www.ncoah.com or by calling the OAH Clerk's Office at
[phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please
contact Chris Pullinger at [phone] or [e-mail] if you have any questions or concerns.
Sincerely,
RQ4ti.'t Te0,14,04(
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: Certification of Completion
cc: Harry Smith (via e-mail: [e-mail])
Everett Pannkuk, PE; Stature Engineering, P.C. (via e-mail: EB@JStature#ngineering.com)
Raleigh Bland, USACE Washington Field Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Ashley Grandy, DCM WaRO (via e-mail)
Maria Dunn, NCWRC (via e-mail)
James Harrison, NCDMF (via e-mail)
DWR-Laserfiche
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a,prtfN0N et EMAIM M e W eb
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946,6481

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004680 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Jordan Bynum, and the North Carolina Division of Marine Fisheries, who have
authorization for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on October 15, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements andthe
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 ifconducted in
accordance with the application, the supporting documentation, and conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidentalimpacts. [15A
NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Plan location/
Reference Attached
Open Waters
OW1 (shading -
replacement)
0.05 (acres)
0 (acres)
DCM Plan Sheets
OW2 (shading -new)
0.01 (acres)
0 (acres)
DCM Plan Sheets
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]
1. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SC Waters; (19)
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]
2. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or bird
nesting), then biological monitoring may be required at the request of other state or federal agencies and
coordinated with these activities.
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 less impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of
concern shall be implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
3. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation
and the Division of Water Resources must be notified if this is to occur.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946,6481

4. No Waste, Spoil, Solids, or Fill of Any Kind
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 Buffer Authorization Application. All forestry operations activities shall be performed
so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
For this project, you have submitted a plan for restoration of the buffer, and that plan (attached) is herein approved, and has
been determined to meet the expectation of "in -kind" restoration, based on pre -construction site conditions.
5. 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 Authorization. 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 Authorization and is responsible
for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. {G.S. 143-215.5}
7. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands,
waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC
Water Quality Certification Rules (15A NCAC 02H .0500), NClsolated Wetland Rules (15A NCAC 02H .1300), and/or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time
of recording of the property or individual parcels, whichever is appropriate.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards orwould result in secondary or cumulative impacts.
8. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/orany
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts
to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes anybest use on a short-
term or long-term basis.
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of theapproved
impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, andmaintenance of
biological integrity; wildlife; secondary contact recreation; agriculture); and activities must not cause water
pollution that precludes any best use on a short-term or long-termbasis.
10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices
for the control of sediment and erosion so that no violations of statewater quality standards, statutes, or
rules occur.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946,6481

Design, installation, operation, and maintenance of all sediment and erosion control measures shallbe equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual, or for linear transportation projects, the North Caroline Department of
Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor -owned or leased borrow pits associated with the project. Sufficient materialsrequired for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on
site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina SurfaceMining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,deleterious substances,
or colored or other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adverselyaffect the palatability of fish, aesthetic
quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes
and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbiditylevel shall not be increased. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that
may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be
present in amounts that may cause adverse impacts on existing wetland uses.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring,record keeping and
reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best
use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or
colored or other wastes: only such amounts as shall not render the watersinjurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect thepalatability of fish, aesthetic quality, or impair
the waters for any designated uses; and (21) turbidityin the receiving water shall not exceed 50 Nephelometric
Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not
exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity
level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
12. 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 othertoxic materials. Construction shall be
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional office 1943 Washington Square Ma II I Washington, North Carolina 27889
252.946,6481

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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such
uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
13. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill
regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within
100 feet of surface waters; and any petroleum spill less than25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N. C. G. S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately
notify the Department, or any of its agents or employees, of the nature,location, and time of the discharge and of the
measures which are being taken or are proposed to betaken to contain and remove the discharge. This action is required in
order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require
that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
14. The permittee 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all bestuses provided for in
state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
15. The permittee shall require its contractors and/or agents to comply with the terms and conditions ofthis permit in the
construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401Water Quality
Certification to minimize water quality impacts.
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. The conditions in effect on thedate of issuance shall remain in effect for the
life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)]
This, the 8th day of March, 2022
R.t Te.44441
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mali I Washington, North Carolina 27889
252.946,6481

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
andany subsequent modifications, the applicant is required to return this certificate to the DWR Central
Office — Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This
form may be returned to DWR 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, , 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 approvedplans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
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 approvedplans 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 Permittee hereby state that, to the
best ofmy 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 :
Registration No.
£ D_E
NORTH CAROIJNA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

RECEIVED
OCT 1 4 2021
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411 W Main Street
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328 W Main Street,
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