20160057 Ver 1_Approval Letter_20160209

PAT MCCRORY
Governor
1,a
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
February 9, 2016 Dower
DWR Project # 20160057
Carteret County
Bogue Pines Homeowners Association �'
Attn: John Sears
S IS NOT
7605 Jenks Road q�
Apex, NC 27523
Subject Property: Bogue Pines HOA, Pine Knoll Shores
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sears:
You have our approval, in accordance with the attached conditions and those listed below to conduct
maintenance dredging on the existing boat basin and channel as described in your CAMA application
dated January 11, 2016, and received by the Wilmington Regional Office (WiRO) Division of Water
Resources (Division) on January 13, 2016. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3894 (GC 3894). This Certification
allows you to use the Nation Wide Permit # 35 (NW 35) permits when issued by the US Army Corps of
Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge, Water Supply Watershed, and stormwater regulations. Also, 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.
This approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed on the following pages.
The Additional Conditions of the Certification are:
1. 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. Any new owner must notify the
Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .05021.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Bogue Pines Homeowners Association
Attn: John Sears
DWR Permit # 20160057
February 3, 2015
Page 2 of 4
2. Any final construction plans forth is project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts
are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC
02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
The permitee shall require its contractors and/or agents to comply with the terms 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 a copy of this
certification. A copy of this certification including all conditions shall be available at the project
site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permitee 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. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
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 Wilmington Regional Office at 910.796.7215 and after hours
and on weekends call [phone]. 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 026 .0200 (3)(f), and GS 143 Article 21A].

Bogue Pines Homeowners Association
Attn:John Sears
DWR Permit # 20160057
February 3, 2015
Page 3 of 4
8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of
a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)
and (c)(3) and 15A NCAC 02B.0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
30. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is
required to return a completed certificate of completion form to the NCDENR DWR 401 and
Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC,
27699 within ten days of project completion. The certification of completion is available at:
http:Hporta l.ncdenr.org/web/wa/swp/ws/401/certsa nd perm its/a pply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
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 150B 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 htto://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 8:00 am and 5:00 pm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], 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:

Bogue Pines Homeowners Association
Attn: John Sears
DWR Permit N 20160057
February 3, 2015
Page 4 of 4
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh
at 919.807.6364 or [e-mail] Steenhuis in the DWR Wilmington Regional
Office at 910.796.7306 or [e-mail].
Sincerely,
7
Jimgson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC3894
cc: Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Brad Connell — DCM Morehead — electronic copy
Jennifer Burdette — Wetlands and Buffer Unit
Courtney Spears - DCM Morehead — electronic copy
WiRO