20240515 Ver 1_Approval Letter_20240722

Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 22, 2024
DWR # 20240515
New Hanover County
Oyster Point Homeowners Association
Attn: T. W. Johnson
P.O. Box 10446
Wilmington, NC 28405
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Oyster Point Homeowners Association Maintenance Excavation
USACE Action ID. No. SAW-2024-00790
Dear Mr. Johnson:
Attached hereto is a copy of Certification No. WQC006928 issued to T.W. Johnson and Cedar Creek Basin
Association dated June 24, 2024. This Certification replaces the Certification issued on November 10,
1978 and on June 24, 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 a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 0213.0220; 15A NCAC 02B
.022X(check classification Rule citation) 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 dredging requests within the shallow waters of
designated Nursery Areas.
D � � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28#05-5406
NORTH CAROLINA
oR.m.m,r�.n_neraial` /"� 910.796.7215

Oyster point Homeowners Association
Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2 DWR#20240515
Individual Certification #WQC006928
Page 2 of 8
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.
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
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NCRTH CAROLINA 910.796.7215
0_p Mo Emimnmen quay

Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2
Oyster point Homeowners Association
D W R#20240515
Individual Certification #WQC006928
Page 3 of 8
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 150B-23(a).
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 910-796-7341 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSigned by:
KA6MU4 Sad G�j'64
EMBA14A=C434...
Morella Sanchez -King
Regional Operations Supervisor
Division of Water Resources
Electronic cc: Gregory Finch, Davey Resource Group
Cameron Luck, NCDCM
Greg Currey, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240515_Oyster Point HOA Maintenance Dredging_IWQC_NHCo_Jul.24
D � � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wiimington, North Carolina 28405-5406
NORTH CARCLINA 910.796.7215
gaparMeM of EmironmanW quay

Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2
Oyster point Homeowners Association
D W R#20240515
Individual Certification #WQC006928
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006928 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 T.W. Johnson and Cedar Creek Basin Association, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 4, 2024, subsequent information received on June 14, 2024 and by Public
Notice issued by the Division of Coastal Management on April 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 are hereby approved. 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]. No other impacts are approved, including incidental impacts. [15A
NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Open Waters
*Boat Basin and
Access Channel
Maintenance
N/A
1.377 acres
(+/- 60,000 sq.ft)
N/A
Totals:
1.377 acres
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall stake the limits of dredging 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)
2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur
in Nursery Areas outside of the authorized footprint of the boat basin and access channel.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NCRTH CAROLINA 910.796.7215
0—p Mo Emimnmen quay

Oyster point Homeowners Association
Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2 DWR#20240515
Individual Certification #WQC006928
Page 5 of 8
3. Please note that the area surrounding the project site contains coastal wetlands and potential
shellfish resources. A 10-foot buffer shall be maintained from coastal wetlands and shellfish
resources to prevent impacts. The dredge footprint boundary shall be staked in shallow waters
and a pre -construction site visit conducted to ensure that those impacts will be avoided. 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)
4. 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 occur.
Citation: 15A NCAC 028.0221
5. The existing access channel shall not be dredged beyond its original depth and width. The
waters within the access channel maintenance area are authorized to a maximum width of 30
feet and a maximum final depth of -4 feet Mean Low Water. Dredge limits shall not include any
portion of the bottom on the landward side of the floating docks.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
6. 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
7. Due to the possibility that compaction, sloughing and/or other site alterations within the
designated PNA waters and coastal wetlands may occur based on construction methodology
resulting in impacts outside the authorized (describe dredge footprint/alignment) 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 survey 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 (describe dredge
footprint/alignment). 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)
8. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards for
Class SC Waters.
(12) pH: shall be normal for waters in the area, which generally shall range between 6.8
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NCRTH CAROLINA 910.796.7215
0_p Mo Emimnmen quay

Oyster point Homeowners Association
Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2 DWR#20240515
Individual Certification #WQC006928
Page 6 of 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 028.0220
9. The docking facility is permitted for forty- four (44) 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 forty-four(44) designated slips.
Citation: 15A NCAC 07H .1205
10. 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)
11. 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)
12. 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
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NCRTH CAROLINA 910.796.7215
0_p Mo Emimnmen quay

Oyster point Homeowners Association
Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2 DWR#20240515
Individual Certification #WQC006928
Page 7 of 8
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
13. 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)
14. 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
15. 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
16. 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
17. 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)
18. 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
D � � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NCRTH CAROLINA 910.796.7215
gaparNrM of Emironmanfal quay

Oyster point Homeowners Association
Docusign Envelope ID: 3F8DB34C-5EO1-4598-99B2-ACOE6E4726E2 DWR#20240515
Individual Certification #WQC006928
Page 8 of 8
§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)
19. 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 22nd day of July 2024
EKA
DocuSigned by:
bVt.U4 Sad G�j414
EMBA14A=C434...
Morella Sanchez -King
Regional Operations Supervisor
Division of Water Resources
D � � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. WiUmington, North Carolina 28405-5406
NORTH CARCLINA 910.796.7215
gaparMeM of EmironmanW quay