20240369 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
NORTH CAROLINA
Environmental Quality
June 10, 2024
DWR # 20240369
New Hanover County
Figure Eight Island Yacht Club, Inc.
Attn: Peter Gushanas
15 Bridge Road
Wilmington, NC 28411
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Figure Eight Island Yacht Club — New 9-slip Docking Facility
USACE Action ID. No. SAW-2003-00888
Dear Mr. Gushanas:
Attached hereto is a copy of Certification No. WQC006914 issued to Peter Gushanas and Figure Eight
Island Yacht Club, Inc. 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 Outstanding Resource
Waters and Primary Nursery Area. Requests for impacts within these areas must be consistent with 15A
NCAC 02B .0220; 15A NCAC 02B .0221; 15A NCAC 02B .0225 which require 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 impacts 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
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
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
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 2 of 8
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).
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.
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
NQr cavo, iNa 919.707.9000

DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Sincerely,
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 3 of 8
El,
DocuSigned by:Ib�Y,�,�,4. S4,I�tL'1�414
A2B5E126A9394A6...
Morella Sanchez -King
Wilmington Regional Operations Supervisor
Division of Water Resources
Electronic cc: Debbie Wilson, consultant
Cameron Luck, NCDCM
Greg Currey, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240369_Figure 8 Island Yacht Club_IWQC_NHCo_Jun.24
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL NA " 919.707.9000

DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006914 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 Peter Gushanas and Figure Eight Island Yacht Club, Inc., who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on March 1, 2024 and subsequent information on May 30, 2024,
and by Public Notice issued by the Division of Coastal Management on March 5, 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 associated with the construction of a new 9-slip docking facility, breakwaters and
boat ramp are hereby approved. No other impacts are approved, including incidental impacts. [15A
NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount
Mitigation Amount
Permanent
Approved
Required
Temporary
Coastal Wetlands
Groin/ Breakwater Fill
0.001 acres
N/A
N/A
(-64 sq. ft.)
9-slip Docking Facility
0.008 acres
N/A
N/A
(Shading Impacts ONLY)
(-360 sq.ft.)
Totals:
0.001 acres
N/A
N/A
Open Waters
Groins/Breakwater Fill
0.001 acres
N/A
N/A
(-37 sq.ft.)
Boat Ramp fill below
0.014 acres
N/A
N/A
NHW
(-648 sq.ft.)
9-slip Docking Facility
0.036 acres
N/A
N/A
(Shading Impacts ONLY)
(-1594 sq.ft.)
Totals:
0.015 acres
N/A
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 stake the limits of disturbance and conduct a preconstruction meeting with
the construction contractor prior to disturbance of the impact area. The Division shall be
notified of the meeting three weeks prior to its scheduled date.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 5 of 8
2. The permittee shall comply with any moratoriums per the National Marine Fisheries Service
and/or the US Fish and Wildlife Service. In water work 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 the development activities.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 048 .0125
Due to the possibility that compaction, sloughing and/or other site alterations within the
designated coastal wetlands and/or PNA waters may occur based on construction methodology
resulting in impacts outside the authorized impact areas the applicant is cautioned to take all
necessary measures to ensure that these impacts do not occur. The permittee shall provide
weekly updates consisting of photographs, a brief report and data verifying the on -going
progress of the project. Upon submission of this update to the NCDWR, the permittee shall
schedule an agency post -construction field meeting with the NCDWR to determine if the any
unintended impacts have occurred outside of the authorized impact areas If it is determined the
waters and/or wetland areas impacted have not maintained jurisdictional status, the NCDWR
shall determine if compensatory mitigation and/or restoration is to be required.
Citation: 15A NCAC 02H.0506(b)(2) and (b)(3)
4. Please note that the area surrounding the project sites are located within Outstanding Resource
Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and shellfish
producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this
certification outside the approved impacts specified herein.
Citation: 15A NCAC 028 .0225(c)(2), 15A NCAC 07H .0208 (a)(61
5. The docking facility is permitted for nine (9) slips having no boats over 24 feet in length and no
vessels with heads (marine toilets). Dockage of vessels other than the permitted nine (9) slips
will require re-evaluation by DWR. Handrails or other devices, including signage, should be used
to discourage use of any dock space other than the nine (9) designated slips.
Citation: 15A NCAC 07H .0208, 15A NCAC 02H .0225(d)(7)(F)
Deed restrictions or similar mechanisms should be placed on all nine (9) slips in order to ensure
compliance with NC Water Quality Certification Rules 15A NCAC 02H .0500, specifically 15A NCAC
02B .0225(d)(7)(F). A copy of the recorded deed language shall be provided to DWR prior to the
occupancy of the nine (9) slips.
Citation: 15A NCAC 07H .0208, 15A NCAC 028.0225(d)(7)(F)
7. 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.
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
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 6 of 8
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. 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)
9. 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.
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 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
10. 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)
11. 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
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
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQCOO6914
Page 7 of 8
12. 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
13. 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
14. 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
15. 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
16. 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)
17. 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)
18. 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)
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
NoalHCaao-wa 919.707.9000

DocuSign Envelope ID:6DC47471-BEC7-4B1C-A48C-CCOBC166E65A
Figure Eight Island Yacht, Club, Inc.
DWR# 20240369
Individual Certification #WQC006914
Page 8 of 8
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
DocuSigned by:
IMA2KE126A9394M
Morella Sanchez -King
... Wilmington Regional Operations Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL NA " 919.707.9000