20220367 Ver 1_Approval Letter_20220614

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 14, 2022
DWR # 2022-0367 v1
Dare County
Lower Skyco, LLC
Attn: John Robbins
PO Box 3435
Greenville, North Carolina 27836
Subject: Approval of Individual 401 Water Quality Certification
Lost Colony Retreat
USACE Action ID. No. SAW-2020-01453
Dear Mr. Robbins:
Attached hereto is a copy of Certification No. WQC004937 issued to Lower Skyco, LLC, dated June 13, 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, CAMA, 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
Washington 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.
G=D.E
NORTH CAROLINA
DeperMem of Environmental Dual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 2 of 10
The permittee shall report to the Washington 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]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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 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 Robert Tankard at 252-948-3921 or [e-mail] if you have any questions or
concerns.
Electronic cc:
Sincerely,
R4e4 Teoiltevti
Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
John Robbins, [e-mail]
Doug Dorman, [e-mail]
Gregg Bodnar, DCM, [e-mail]
Josh Pelletier, Washington USCOE; [e-mail]
Laserfiche
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQ004937 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 Lower Skyco, 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 March 8,
2022.
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
404/401 Wetlands
W1 — Wetland Fill
0.17 (acres)
0 (acres)
W2-Shading
0.49 (acres)
0 (acres)
Open Waters
OW 1- Dredging
0.24 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SA Waters;
(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. [15A NCAC
02b .0221]
2. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e., 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) to less impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or
other aquatic species of concern shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 4 of 10
3. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open shellfish waters.
Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Hidden Lake Wetland Mitigation Bank to
meet this mitigation requirement. Until the Hidden Lake Wetland Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hidden Lake Wetland Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
River and Sub -
basin Number
Stream
0 (feet)
Wetlands
0.2 (acres)
Pasqu - 03020105
Waters
0 (acres)
Buffers
0 (square feet)
5. The permittee shall report to the DWR Washington 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)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
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).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 5 of 10
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.
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.
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 NCACO2B .0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
8. 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.
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 6 of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
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)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
10. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
£ D_E
NORTH CAROLINA
Department of Environmental Dual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 7 of 10
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
11. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
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
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 8 of 10
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
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 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
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 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. 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 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
18. 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)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
£ D_E
NORTH CAROLINA
Department of Environmental Dual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

LOST COLONY RETREAT
DWR# 2022-0367
Individual Certification #WQC004937
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
19. 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. 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)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
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 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)]
£ D_E
NORTH CAROLINA
Department of Environmental (Wain'
This, the 14T" day of June 2022
Roka Teoiltmi
Robert Tankard, Assistant Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

ATLANTIC
OCEAN
CROATAN
SOUND
WANC HESE
VICINITY MAP NTS
VIULANDMUFFER
APPRCNED
NORM CMOU
MANAGBAENT COINMISSION
DrVLSdON OF SUER RESOURCES
wag June 14 ,ffl22
CROATAN
SOUND
SHEET 9
N/F
WINSTON & NANCY SILVER
N/F
TERRY & GRETA LEGGETT
SHEET 2
SHEET 6
SHEET 10
SHEET 4
SHEET 7
SHEET 5
SHEET 8
FEB 1 12L
SHEET 1 OF 15
LOST COLONY RETREAT SITE PLAN

woolp3w6aoaop6nop q!ON-3
LOLL-[9Z 20Z) lxa3/auoyd
tlNI"IOOV0 H10ON NAtlH 1117Ji 99Z£ X06 Od
)77 S'N6Y7/ISNO2 761NJ/YNOJ/4N3' )/1NP71d
VNIIOJVOHINON AINl0O 38V0 3S3H3NVM
zz/Lo/Io
y"nas.
NOI1VOIlddd LI1NZl3d 210VVW VINVO
all `O3) NS 213M01
MO
arum
SNI8808
SIN3WW00 W00 ON Old SO 03S030ZZ/60/Z0
�Nd3d 311S 'V3211321 ,INO-100 1S01
.,,,m
5
#
t
#
•
k I
mti

wo3TotaaaDenpanop
ZOLZ-19a <ZSZ)
VNI1021V3 1-11210N NMVH AUDI 99aE X08 ad
NOINT121RZ'l 111)43
0,33 To 4,AH, v
011 `00ANS el3M01
ZZ/LO/IO
3.3 dig
CVO
AS wren
,977 VOWS/VW 7111N_MINO1/01 ,2/107.1Y
I
0
4
z > z
ow° C .. '. 41 1 \ .
al <cc
',9: 41 '?? 4 4 \
.: a 4 4
▪ oL- D
65 o,
<cc°.
0 CL ELI- „ g ! 4 4
/
E R g ,
4 4•
,c'; i `'' !l'a /. '
4
id • .--•
0 LO, 2
0 n } \' 1
0 I ; 6 Lc'el
c:. ,..) NI \. .
gSi 1 i ,. `10 , riL6-',,.
<.,
,4
,1, 6 ll I
.1--
..ffiuul
..., 0
<<,0
Z N
I
C'
, I
1
SiN3M403 r(OO ON Led SC 035A38
szicnico
SIN3W103 YOU ON d3d SC 0351,A3N
EZ/600
4
I
I
NV1d 311S 1V32:113e1 AN0100 ISO-1
SNINOtl
\ I \ 4
I
cn
z 4
al<cc_
4
z >z
...,,oa
II
au.) zuj
00
E0-0 cc NI-
<X00
C..) CI. NI-
0 c.>
CT3
z >z
<00‹
z
00
zo_P
moce•e,
accOo
on.
COASTAL
404
UI
05
<
(n- <
0 0-
(la
cnC)
(3,
— - <
0 >.
0_
Lam
00
00
CC0.
SHEET 3 OF

o� IiouBa�avp6nop I3s -3
LOLL-I92 (2S2) .Voj/auoyd
VNIIOVVO H1bON )IMVH Al1IN 992E SOH Od
)77 SINV17 A'O2 7d1NJHHA/OY/,/NJ ,7/107117'
VNIl02JVOHJ. ON UNf10O 32iv0 3S3HONVM
NOIIV01ddV 1IW213d 2�OrVW VWVO
011 `00,1NS 83M01
SINOWWOO WOO ON N3d SV O3Sn3U
FZ/60/ZO
NV1d 311S 1V3d13d ) N0100 1S01
zz/Lo/lo
ova
SNIHHON
sss
>ss
,a
I
404 WETLAND LINE
i
4
4
i
3
i
O 03
m 00
d

°.°111°6011P .11DW-3
L0LL-19a (ZS2) .N°3/..011d
VNI108V0 1.11NON MOH A(LIN 9900 X08 Od
VNI108VOHlelON AINC1OD 3dV0 3531-IONVM
NOLLVOIlddV 111^1d3d 2:10CVIN VIIVD
017 `00ANS 2:13M01
Wio/Lo
ova
‘277 `51Ne7,7SNO,2 717.74/3111NONAN3 )/107.11f
SIN3V1W00 WOO ON 030 SV 03S1038
03/60/30
ILA
[NVld ILlS IN3e113e1 AN10700 1S01
0018800
N •
(/1
-<¢cKv,
zuw>9
<coo<
LLI
D_OZw
0 0
Z
<0(1000
<3000
17303000
COASTAL WETLAND LINE
COASTAL WETLANDS
N.
\
I
0
4 4
4
0
' I /V
z
UJ
LJ
I
000
II 0)
,
N ec
N. 4 u.1
>
, 0
••.
, •)-,
<0
4 , I
N
4 \ . \ . 4
\ N a —I
.
\
\ .
\ . \
N ., 0,
- fio x
\ . N. 0<
. ce010
\
o \ N.

o� IiouBa�avp6nop I3s -3
LOLL-I92 (2S2) .Voj/auoyd
VNIIOVVO H1bON )IMVH Al1IN 992E SOH Od
)77 SINV17 A'O2 7d1NJHHA/OY/,/NJ ,7/107117'
VNIl02JVOHJ. ON UNf10O 32iv0 3S3HONVM
NOIIV01ddV 1IW213d 2�OrVW VWVO
011 `00,1NS 83M01
SINOWWOO WOO ON N3d SV O3Sn3U
FZ/60/ZO
NV1d 311S 1V3d13d ) N0100 1S01
zz/Lo/lo
ova
SNIHHON
sss
>ss
,a
I
404 WETLAND LINE
i
4
4
i
3
i
O 03
m 00
d

wo>,iow6,op6 op gdw_3
LOLL-192 (2S2) .Xoj/auoyd
VNSIOLIVO H1210N M/1VH ALUM 992E XOE Od
777 SINd17/ISNO3 761N�/1'N0�1/�1N1 ,2/1N6716
VNI1O8NOHL aZ/Lo/to
ON ,11Nf100 323V0 3S3HONVM
—
NOIIVOI1ddd 1I1A1233d dordw VINVO
^ ^ I \, [C� `I —7
O11 `O3) NS 2i3MO 1
OVO
xe wwo
SNt99O8
SINOMNOS MO ON d d Sd 03SVM1
Z/6O/SO
, [NVld 31IS 1V32J1321 AN0100 1S01
mm
a
d
4 1
d — J
d
03133NN00 10N HOd10 ONISIX3 ..
03SOd0cyd
Lo
31
0

PROPOSED 404 WETLAND
FILL FOR ROAD ACCESS
WITH 4'X46' CULVERT
1,008 SF WETLAND FIL
LEGEND;
1 ›I
EXiSTiNG DITCy NOT CONNECTED
PROPOSED ASPHALT ROAD
404 WETLANDS
404 WETLAND LINE
it
tt
- PROPOSED WETLAND FILL AREA 0.93 AC. (4,074 SF)
- - — - 404 WETLAND UNE DELINEATED BY ATLANTIC
ENVIRC.
VERIFIIEEDMBYTAL USACCES ACTIONSIDL AW-2020-01453
- COASTAL WETLAND LINE
— - 30' DCM BUFFER LINE
75' AEC LINE
a
404 WETLANDS
it
it
it
RpP
_ _ PROPOSED ASPHALT ROAD
¢pe05Ep /;, EX/SANGDITCH :NOT CONNECTED
PROPOSED 404 WETLAND
FILL FOR ROAD ACCESS—
PRO
H 4'XSO' CULVERT r 1 � �`�} WITH �* I`
OAT SF WETLAND FILL POSED BATHROOM) 4tl_
r FACILITY j
it
404 WETLANDS
404 WETLAND
WITH
FORROAD
gRpOADDUACCEE7SSD
2,12,52 SFI OF WETLAND FILL
it
404 WETLAND
404 WETLANDS
CABIN PLAN A
PROPOSED CABIN
404TWETLANDS
PROPOSED R/V SITES
it
1 p
404 WETLAND LINE / p�'�
eO
Q
404 WETLANDS
N
5
60'
PROPOSED R/V SITES
30 0
60'
1 inch = 60 It.
GRAPHIC SCALE
SHEET 7 OF 15
C
B
TI
S
B
z
J
a
w
I—
ln
I—
Q
W
CC
—
W
>-
z
0
J
0
U
I-
N
0
J

M—
n
II50
cn
(So
r
rq
rq
0
cri
to
45
F-
2 IF,
0
§-11
F
0
r-
417
.
45 x
417 ;.70 0 OD
rq0
(1)
c.)
P
no >
45
o z
wx.n
cn
IF I \
45
DO
0
z
\ 24„
\
45
Lc/D,
c", 0
4517
(J)
0 >33
C
z 12
0>45117
492
u) 0
45
0017
0
co,
2
/ p
0.
/
PL.
P' \ I.,
/ / -, P'
P.
'" P.
,--c,.01
\ X
OM r..,
MO
0> ma
VII- OLF1
0 It-
Z* I 2
ccr2
> si
--1 cp
P
o m
p P F F F 1, 00, • -* o
P' x,"Nr p \ P
r- , , 8 ---,m
-... P P .. ,--I--1 tt 1- o
A 1 '... p. , 2361 P. l' d
. 0*
P , i
• -- - - -
.• • 4,/,/,
N It- , M11*
•., .., P P • L P4I p >
><-<
'F.
\
P
'7,
28 171 2 2 - — — vs 4 -1 >U10 It
V
2 X0 f-F-
X Dm -.. ...
450
0
z
.....
LOST COLONY RETREAT SITE PLAN
ROOMS
Cai./. Or
DAD
LOWER SKYCO, LLC
ME O.
01/07/22
CAMA MAJOR PERMIT APPLICATION
WANCHESE DARE COUNTY NOR THC AROLIN A
. Fro. ITEmo.
1 02/09/22REmSED AS PER NC 0Cm COnamENTS
2 03/21/22 REmSED AS PER NC Dem COmENTS ,4 114 NW ENPRONA/TA/741 CONSUL Z4N7S,LIC
PO BOX 3266 KITTY HAWK NORTH CAROLINA
Phone/F.a>o [phone]
[e-mail]
F
/
F
0
CS

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DWR Project No:
NORTH CAROLINA
Environmental Quality
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
G=D.E
NORTH CAROLINA
Department of Environmental Dual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000