20141229 Ver 1_Approval Letter_20150109

NOT A CAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
Matthew C. Potter
266 Zinkie Lane
Bath, NC 27808
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Potter's Marina Expansion - 266 Zinkie Lane
Dear Mr. Potter:
Donald R. van der Vaart
Secretary
DW R # 14 -1229
Beaufort County
You have our approval for the impacts listed below for the purpose described in your application dated
November 25, 2014 and received by the Division of Water Resources (Division) on December 1, 2014.
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. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount
Plan location/
(units) -
Reduced (units)
Reference Attached
Permanent
Temporary
Wetland
W -1 (Dock C Construction)
0.005 (acres)
0 (acres)
Overall Planview
Sheet 1
Open Water
OW -1 (New Dock and Finger
0.11 (acres)
0 (acres)
Overall Planview
Pier Construction)
Sheet 1
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946-6481 1 Fax: [phone] Internet: www.ncdenr.gov
M Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Matthew C. Potter
DWR # 14 -1229
401APPROVAL
Page 2 of 4
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. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3900. [15A NCAC 02B .0507(c)]
4. All mechanized equipment operated near surface waters or wetlands will be regularly -
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am -to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) 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 .0220]
6. Re Opener Clause
Mr. Matthew C. Potter and his authorized agents shall conduct their 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. Mr. Matthew C. Potter shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their 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 DWR 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, DWR 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, DWR shall notify the Mr. Matthew C. Potter
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC

Matthew C. Potter
DWR # 14 -1229
401APPROVAL
Page 3 of 4
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to DWR 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.
7. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
8. The applicant and /or authorized agent shall provide a completed Certificate of Completion.
form to the Division within thirty (30) days of project completion (available at
http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
9. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
These Certifications 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 received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, 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:
John C. Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

Matthew C. Potter
D W R # 14 -1229
401APPROVAL
Page 4 of 4
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.aov if you have any questions or
concerns.
Sincerely,
Robert Tankard, As stant egional Supervisor
Water Quality Regional 0 erations Section
Division of Water Resources, NCDENR
Enclosures: GC 3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City
Steve Trowell, DCM WaRO
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File

Matthew Conway Potter
266 Zinkie Lane Bat6,NC 27808
OVE.RALL. PLA WIEW
sheet
10/22/14
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