19951130 Ver 2_Approval Letter_20220120

January 20, 2022

DWR #19951130v2
Carteret County

Showboat Investments, LLC
Attn: Greggory McLaughlin
8930 NC Highway 39 South
Zebulon, NC 27597

Subject: Approval of Individual 401 Water Quality Certification
Showboat Cottages
USACE Action ID. No. SAW 2022-00065

Dear Mr. McLaughlin:

Attached hereto is a copy of Certification No. WQC004602 issued to Greggory McLaughlin and
Showboat Investments, LLC, dated January 20, 2022. 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 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.
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.
DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F
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DWR19951130v2/WQC004602
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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 (919) 431-
3000.
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 John Perry at 910-796-7341 or [e-mail] if you have any
questions or concerns.

Sincerely,

Morella Sanchez-King
Regional Supervisor
Water Quality Regional Operations Section

cc: Ronald Culipher (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Gregg Bodner, DCM (via email)
DWR 401 & Buffer Permitting Branch Electronic file
DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F
Showboat Cottages
DWR19951130v2/WQC004602
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC004536 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 02B .0200, to George McLaughlin and Showboat Cottages, LLC, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on December 16, 2021 and by Public Notice issued by the
Division of Coastal Management on December 26, 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
(units) Permanent
Amount Approved (units)
Temporary
Open Water Impacts 630 sf N/A

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-
(3)]
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in
trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non-
earthen debris shall not be used. [15A NCAC 02H .0506 (b)(1)-(3)]
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly. [15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200;
15A NCAC 02B .0231]
4. 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]
5. 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
DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F
Showboat Cottages
DWR19951130v2/WQC004602
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non-compliance circumstances. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
6. 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). [15A NCAC 02H .0506; 15A NCAC 02H .0507(c)]
7. 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.
8. 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.
9. 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 on site at all times.
10. 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.
11. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I,
WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds. [15A NCAC 02H .0506(b); 15A NCAC 02H
.0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231]
12. 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. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231]
13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
14. 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. [15A
02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200]
DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F
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15. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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. [15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231]
16. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC
02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200]
17. 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. [15A 02H .0506(b); 15A NCAC
02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231]
18. 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. [15A 02H .0506(b); 15A
NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231]
19. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each stream’s
original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H.0506(b); 15A
NCAC 02H .0507(c)]
20. 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. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A
NCAC 02B .0200; 15A NCAC 02B .0231]
21. 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. [15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)]
22. 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. [15A
NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F
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DWR19951130v2/WQC004602
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23. 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. [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 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 22nd day of January 202

Sincerely,

Morella Sanchez-King
Regional Supervisor
Water Quality Regional Operations Section

DocuSign Envelope ID: 61F9B22D-5CE0-4FF0-8AD5-D05F65CEE36F