20001261 Ver 3_Approval Letter_20230929

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 29, 2023
DWR # 200012610
New Hanover County
Wrightsville Yacht Club, Inc.
Attn: Sam Clary
P.O. Box 1215
Wrightsville Beach, NC 28480
Sent via email to: wbmarina(@bellsouth.net
Subject: Issuance of Individual 401 Water Quality Certification
Wrightsville Yacht Club Installation of Floating Marina Restaurant
The Commodore Club
USACE Action ID. No. SAW-2000-01705
Dear Mr. Clary:
Attached hereto is a copy of Certification No. WQC006317 issued to Sam Clary and Wrightsville Yacht Club,
Inc., dated September 29, 2023. This Water Quality Certification replaces the Certification issued on
November 3, 2000. This Water Quality Certification is for the purpose and design described in your
application and based on the plans and specifications in your application, which is incorporated by
reference as part of this Water Quality Certification. If you change your project, you must notify the
Division of Water Resources (DWR) 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, Water Supply Watershed, and
Trout Buffer 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 I Division of Water Resources
D E Q�� 127 Cardinal Drive Ext. I Wilmington, North Carolinb 28405
NORTH CAROLINA
oq e.M�.­ blQ.,i\ �f 910.796.7215

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 2 of 8
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 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 Wilmington 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 Wilmington Regional Office any noncompliance with, and/or any
violation of, surface waters, stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts to surface waters, stream 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.
This Water Quality Certification and its conditions are final and binding unless contested [G.S. 143-
215.5].
This Water Quality 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].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, DocuSigned by:
IM685541113F62I)IL)461
Vt, & Su Vi,GI�.t,�j—�i"
...
Morella Sanchez -King
Regional Operations Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 3 of 8
Electronic cc: Sam Clary, agent
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20001261v3_WrightsviIle Yacht Club —Commodore Club_IWQC_NHCo_Sept.23.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NpR'VI CAROI\A ^' 919.707.9000
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DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006317 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 Sam Clary and Wrightsville Yacht Club, Inc, who have authorization for the
impacts listed below, as described within your request to modify your N.C. Division of Coastal
Management major permit #173-00. DWR received your application on August 1, 2023. The N.C. Division
of Coastal Management issued a public notice regarding the proposed permit modifications on August 4,
2023.
DWR certifies that this activity will comply with North Carolina 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 or
Reference
Open Waters
Moorage of
0 square feet
0 square feet
Wrightsville Yacht
floating
Club Site Plan
restaurant
drawings pages 1 thru
structure within
10 dated February 2,
slip A09
2023
This Water Quality Certification requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. No Discharge from Floating Structures
There shall be no discharge of any pollutant or waste to surface waters. That prohibition
includes but is not limited to the discharge of liquids, solids, wastewater, sewage, "graywater"
or "blackwater," or other wastes, whether treated or untreated, from any source.
Citation: 15A NCAC 028 .0221, 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.
The docking facility is permitted for the purpose of providing 89 permanent slips. Dockage of
vessels other than the permitted slips will require re-evaluation by DWR of the use of the
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 5 of 8
dockage facility. Handrails or other devices, including signage, should be used to discourage use
of any dock space other than the 89 number of designated slips.
Citation: 15A NCAC 07H .0208, 15A NCAC 028 .0221, 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.
3. 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 lessen 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.
Work within identified state or federal endangered or threatened species habitat shall be
coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0221; 15A NCAC 02H .0507(c)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. 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
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
4. The Permittee shall comply with 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.
Citation: 15A NCAC 028 .0220
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT OARO IINA 919.707.9000
oawm�em m �m��me�mi o�ei�

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 6 of 8
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 (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation], and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
5. 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
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the State. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the State.
Citation: 15A 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 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.
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 028 .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
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 7 of 8
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.
8. 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
than 25 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 that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
9. 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.
10. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this Water Quality Certification 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 Water Quality Certification, authorizing specific impacts in specific areas as depicted in your
application, shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: C6AD30DE-9833-4118-8782-83435D635D1C
Wrightsville Yacht Club, LLC
DWR# 200012610
Individual Certification #WQC006317
Page 8 of 8
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification. [15A NCAC 02H .0507(c)]
This, the 29th day of September 2023
DocuSigned by:
M6a, -4 Sm,GL"' A("
8554BOF62DED464...
Morella Sanchez -King
Regional Operations Supervisor
N.C. Division of Water Resources
MSK/hs
WQC006317
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NpR'VI CAROI\A ^' 919.707.9000
�epmhneM of EmlmnmenWl Oualn