20240252 Ver 1_Approval Letter_20240610

DocuSign Envelope ID: rnrA7471-BEC7-4B1C-A48C-CCOBC166E65A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Joyce Ingraham
5530 Peden Point Road
Wilmington, NC 28409
Richard and Joanna Sasko
5518 Peden Point Road
Wilmington, NC 28409
NORTH CAROLINA
Environmental Quality
June 10, 2024
DWR # 20240252
New Hanover County
Subject: Approval of Individual 401 Water Quality Certification
5530 Peden Point Road - Maintenance Dredging of Access Channel and Boat Basin
USACE Action ID. No. SAW-1984-00048
CAMA Major Permit #29-84
Dear Mrs. Ingraham and Mr. and Mrs. Sasko:
Attached hereto is a copy of Certification No. WQC006785 issued to owners Joyce Ingraham and
Richard and Joanna Sasko dated June 10, 2024. 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)].
Please understand that the waters around your project area have been identified as Primary Nursery
Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC
02B .0224 which requires that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and
fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis. The
Division supports the concerns and recommendations from the Division of Marine Fisheries and the
Wildlife Resources Commission regarding development and excavation located in the shallow waters of
designated Primary Nursery Areas.
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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000

DocuSign Envelope ID: 6DC47471-BEC7-4B1C-A48C-CCOBC166E65A 5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 2 of 7
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.
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
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD_NA 919.707.9000

DocuSign Envelope ID: 6DC47471-BEC7-4B1C-A48C-CCOBC166E65A 5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 3 of 7
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:
tMO1(t II& SaVi,GL,�Ai"
A2KE126A9394M...
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
Electronic cc: Cameron Luck, NCDCM
Greg Currey, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240252_Ingraham.Sasko_5518 Peden Pt_IWQC_NHCo_Jun.24
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Noa1HCAaD_NA 919.707.9000

DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006785 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 Joyce Ingraham and Richard and Joanna Sasko who have
authorization for the impacts listed below, as described within your renewal request application
received by the N.C. Division of Water Resources (Division) on January 30, 2024, original application
materials received by the Division of Coastal Management on December 30, 1997 and by Public Notice
issued by the Division of Coastal Management on or about December 30, 1997, 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
Amount
Mitigation
Approved
Approved
Amount Required
Permanent
Temporary
Open Waters
Maintenance Dredging
Boat Basin & Access Channel
N/A
0.910 acres
N/A
Totals:
N/A
0.910 acres
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The permittee shall comply with any moratoriums per the National Marine Fisheries Service
and/or the US Fish and Wildlife Service. Dredging moratoriums shall be observed as required by
the National Marine Fisheries Service and US Fish and Wildlife. If such activities should take
place during periods of high biological activity (e.g. anadromous species and shorebirds),
biological monitoring may be required at the request of other state and federal agencies and
coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048 .0125
The Permittee shall adhere specially to 15A NCAC 02B .0221 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD-wa 919.707.9000

DocuSign Envelope ID: 6DC47471-BEC7-4B1C-A48C-CCOBC166E65A 5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 5 of 7
Citation: 15A NCAC 028 .0221
Canals or boat basins shall not be dredged beyond their original depth and width. The area
shall not be dredged to a depth deeper than the receiving water. In this case the boat basin
shall not exceed a final depth of -8.0 feet at Mean Low Water. The existing boat basin shall not
exceed 100 feet in width and 100 feet in length. The maintained access channel width may not
exceed 100 feet in width, a length of 300 feet and a final depth of -8 feet at Mean Low Water.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
4. Please note that the area surrounding the project site contains shellfish resources and coastal
wetlands. A 10-foot buffer shall be maintained from coastal wetlands and shellfish resources to
prevent impacts. If necessary a shell fish relocation plan approved by the Division of Marine
Fisheries must be implemented to avoid impacts to shellfish resources.
Citation: 15A NCAC 07H .0208(b)(1)
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 salt water 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.
Citation: 15A NCAC 028 .0221
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)
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.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD_NA 919.707.9000

DocuSign Envelope ID: 6DC47471-BEC7-4B1C-A48C-CCOBC166E65A 5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 6 of 7
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.
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.
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 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
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 02B .0200, 15A NCAC 02B .0231
11. 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
12. 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
13. 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Nnhricaao.iw 919.707.9000

DocuSign Envelope ID: 6DC47471-BEC7-4B1C-A48C-CCOBC166E65A 5518-5530 Peden Point Road, Wilmington
DWR# 20240252
Individual Certification #WQC006785
Page 7 of 7
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)
14. 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)
15. 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 10th day of June 2024
Em
DocuSigned by:
6MII& Su,In,Gl�,te'�Ai"
A2KE126A9394M...
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
Noa1HCAaD_NA 919.707.9000