20150145 Ver 2_Approval Letter_20240820

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 20, 2024
DWR # 20150145v2
New Hanover County
Mr. Christopher Barclay
822 Santa Maria Ave
Wilmington, NC 28411
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Barclay 822 Santa Maria Ave
USACE Action ID. No. SAW-2015-00466
Dear Mr. Christopher Barclay:
Attached hereto is a copy of Certification No. WQC007115 issued to Mr. Christopher Barclay, dated
August 20, 2024. This Certification replaces the Certification issued on February 17, 2015. 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 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 letter includes approvals for impacts to open waters jurisdictional under Section 404 & 401 of
the Clean Water Act and does not approve impacts to CAMA Coastal Wetlands. [GS 113A-118]
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 CERTIFICATION IS NOT A CAMA PERMIT.
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
rt North Carolina Department of Environmental Quality I Division of Water Resources
D �J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR1H CARouNa �/ 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 2 of 7
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 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, 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.
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].
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).
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaaD_NA 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 3 of 7
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Michael Meilinger at 910-796-7215 or [e-mail] if you have
any questions or concerns.
Sincerely,
Signed by:
Y"W� �OU/LGllt/'� �vux
6444B728F481494...
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
Electronic cc: Ms. Debbie Wilson, [e-mail]
Greg Currey, USACE Wilmington Regulatory Field Office
Cameron Luck, DCM Morehead City Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20150145v2_Barclay 822 Santa Maria Ave_IWQC_NHCo._Aug.24.docx
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaaD_NA 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007115 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 Mr. Christopher Barclay, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on July 2, 2024, by Public Notice issued by the Division of Coastal Management
on July 7, 2024, and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
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
Plan Location or
Permanent
Reference
Open Waters
Site 1 Boat Basin
0.097 acres
CAMA application
Dredging
(4,224 sq.ft.)
received on July 2,
2024
Totals:
0.097 acres
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality Standards
for Class SA Waters.
(12) 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;
(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.
Citation: 15A NCAC 02B .0221
2. The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open
shellfish water will cause a (temporary) closure of that water which in turn is a degradation of
waters and a violation of tidal saltwater quality standards for Class SA Waters. Shellfish Sanitation
(252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to
occu r.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaaD-wa 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 5 of 7
Citation: 15A NCAC 028 .0221
The docking facility is permitted for 4 slips. Dockage of vessels other than the permitted slips will
require re-evaluation by DWR of the use of the dockage facility. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the 4 slips.
Citation: 15A NCAC 07H .0208
4. The authorized boat basin shall not be dredged beyond the proposed depth and width. The area
shall not be dredged to a depth deeper than the receiving water. In this case a boat basin
measuring 40 feet wide is authorized to a connecting depth of -4 feet Mean Low Water
adjacent to the existing docking facility.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
5. If activities must occur during periods of high biological activity (e.g. 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) shall be implemented. Exceptions to this condition require
written approval by the resource agency responsible for the given moratorium.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048 .0125
6. The permittee shall report to the DWR Wilmington 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)
7. 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)
Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaaD_NA 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 6 of 7
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
11. 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
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 028 .0200; 15A NCAC 028
.0231
13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
14. 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)
15. 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)
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaao-wa 910.796.7215

Docusign Envelope ID: 31 D4BCF2-72AF-4119-9BBA-04DCE905D763
Barclay 822 Santa Maria Ave
DWR# 20150145
Individual Certification #WQC007115
Page 7 of 7
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this 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)
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 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 20th day of August 2024
Signed by:
Y"W� �OU/LGllt/'� �vux
6444B728F4111494...
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHCaaD_NA 910.796.7215