20160471 Ver 2_Approval Letter_20220401

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Apri11, 2022
DWR Project # 2016-0471 V2
Beaufort County
Earl and Nancy DeHoog
23508 HWY 264 East
Pantego, NC 27860
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION
23538 HWY 264 East Pantego - Perform maintenance dredging in the channelized
portion of Broad Creek, construct a boat ramp, bulkhead, pier and boathouse.
Dear Mr. and Mrs. DeHoog:
Attached hereto is a copy of Certification No. WQC004734 issued to Earl and Nancy DeHoog, dated
April 1, 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 241h, 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
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.
North Carolina Department of Environmental Quality Division of Water Resources
D E Q Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481
NORTH CAROLINA
Depa"mem of Environmental Uualiry

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
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,
Plo(,tnZ Ts-> "
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)
Shane Staples (CAMA via email)
North Carolina Department of Environmental Quality Divi4on of Water Resources
D E Q Washington Regional Office - 9143 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROLINA 252-946-6481
Depa"mem of Envlmnmeetal Duality

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 0213.0200, 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
Amount
Plan location/
(units)
Approved
Reference
Permanent
(units)
Attached
Temporary
Open Water - Fill
0.002 acres
0 (areas)
Plan Sheets
Open Water - Shading
0.03 acres
0 (areas)
Plan Sheets
Wetland - Fill
0.007 acres
0 (areas)
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 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.
North Carolina Department of Environmental Quality Division of Water Resources
D E Q�� Washington Regional Office - 914; Washington Square Mall - Washington, North Carolina, 27889
NOarHcnaouNn 252-946-6481
DeprMent of Environmental Duali�

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), 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 ofstandards 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)
North Carolina Department of Environmental Quality Divi4on of Water Resources
D E Q Washington Regional Office - 9143 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROLINA 252-946-6481
Depa"mem of Envlmnmeetal Duality

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.
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 0211.0507(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 offish, 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 NCGO10000 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 0211.0506(b); 15A NCAC 0211.0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
North Carolina Department of Environmental Quality Divi$on of Water Resources
D E Q Washington Regional Office - 9143 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROLINA 252-946-6481
Depa"mem of Envlmnmeetal Duality

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, 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 0211.0507(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 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.
North Carolina Department of Environmental Quality Divi4on of Water Resources
D E Q Washington Regional Office - 9143 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROLINA 252-946-6481
Depa"mem of Envlmnmeetal Duality

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)]
This, the ls, day of Aril, 2022
R0" T"I"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality Divi4on of Water Resources
D E Q > Washington Regional Office - 9143 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROLINA 252-946-6481
Depa"mem of Envlmnme,,:, Duality

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DCU AIA

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
I Q N
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 Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NOFTH CAROHNA -
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