20220167 Ver 1_Approval Letter_20220323

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Deborah Minor
PO Box 259
Bath, NC 27808
NORTH CAROLINA
Environmental Quality
March 23, 2022
DWR Project # 2022-0167 v1
Beaufort County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION
Deborah Minor - Bath Marina Dock and Bulkhead Replacement
Install 2 boatlifts and to replace the existing bulkhead, marina, finger piers,
tie pilings and covered gazebo
Dear Ms. Minor:
Attached hereto is a copy of Certification No. WQC004717 issued to Deborah Minor, dated
March 23, 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 February 2nd,
2022. 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
£D_E
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 9113 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

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.
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 150B 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
GG D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 9443 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

This letter completes the Division's review under section 401 of the Clean Water Act and
15A NCAC 02H .0500. Please contact Tina Martin at [phone] or
[e-mail] if you have any questions or concerns.
Sincerely,
RaGtix T .
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: Certification of Completion
cc:
Gregg Bodnar (CAMA via email)
Ashley Grandy (CAMA via email)
Steve Trowell (via email: [e-mail])
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004709 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 and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public
Laws 92-500 and PL 95-217 if conducted 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
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount
Approved (units)
Temporary
Plan location/
Reference
Attached
Open Water - Shading
OWS - 1
(new) 0.008 (acres)
(replacement) 0.09 (acres)
0 (areas)
Plan Sheets
Open Water - Fill
OWF - 1
(replacement) 0.01 (acres)
0 (areas)
Plan Sheets
GG D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 944; Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

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 Saltwater 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.
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)]
GG D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 9443 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

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), NC Isolated 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 or would result in secondary or cumulative impacts.
8. The permittee shall report to the DWR 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 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 any best 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 the approved 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, 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.
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 state water quality standards, statutes, or rules occur.
�D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 944; Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be 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 materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be always on site.
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 Surface Mining 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 NCACO2B .0200; 15A NCAC
02B 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; 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 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.
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 02B .0200; 15A NCAC
02B .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
�D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 944; Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

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; 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 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 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC
02B .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 offish, 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 be taken to contain and remove the discharge. This action is required in order to
�D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 944; Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

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 best uses 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 of this 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
401 Water 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 the date 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)]
GG D_E
NORTH CAROLINA
Department of Environmental Quality
This, the 23rd day of March, 2022
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality Divilion of Water Resources
Washington Regional Office - 9443 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

Bath Marina
Bulkhead Replacement
Typical Cross Section
Scale: NTS Dimensions Shown
Date: 15 April 2021
Sheet 2 of 3
NWL
Bulkhead sheeting and
soldier piles. Depth of
penetration to be
determined by contractor
Final Grade
Tieback Rod and Anchor
Existing Grade
Distance between new
bulkhead sheeting and
old sheeting not to
exceed 2'
Existing Bulkhead

Bath Marina
Finger Pier off Main Pier
Cross Section Typical
NTS — Dimensions Shown
Date: 15 April 2021
Sheet 3
Either 3' or 5'
-5' to 9'
Bath Creek Bottom

Bath Marina
Boatlift Cross Section Typical
NTS — Dimensions Shown
Date: 15 April 2021
Sheet 4 of 5
12' to 15 on Center

Bath Marina
Gazebo Cross Section Typical
NTS — Dimensions Shown
Date: 15 April 2021
Sheet 5 of 5
Roof dripline 24' x 24'
Existing concrete pad to be replaced in existing footprint

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
NORTH CAROLINA
Environmental Quality
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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
, 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/or Buffer Rules, the approved plans 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 /or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
, 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 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/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No. Date
G�EQ,0J)
1)4' r4.ri1 d f,
North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481