20181108 Ver 5_Approval Letter_20230901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 1, 2023
DWR #20181108v5
Beaufort County
TJ's Land Development, LLC
Attn: Toby Tetterton
P.O. Box 125
Pantego, NC 27860
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
TJ's Transient Marina Expansion, 975 E. Pantego Street, Bellhaven
USACE Action ID. No. SAW-2022-00416
Dear Mr. Tetterton
Attached hereto is a copy of Certification No. WQC006150 issued to Toby Tetterton and TJ's Land
Development, LLC dated September 1, 2023. The subject September 1, 2023 certification amends and
updates the prior copy dated August 24, 2023. 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 note, the final approved design is based off of an amended application submitted to the Division
containing revisions necessary to satisfy certification criteria. Of note, certain work activities within or
along Battalina Creek, as originally designed, have been excluded and maximum dredging depths along
Boat Harbor Canal have been reduced to address agency interests, among other revisions to the original
design.
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
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

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 2 of 13
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.
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].
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).
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 3 of 13
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Glenn Stewart at 252-948-3966 or [e-mail] if you have any
questions or concerns.
Sincerely,
David May, L.G., Supervisor
Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources
Electronic cc: Steve TrowelI
Raleigh Bland, USACE Washington Regulatory Field Office
Curt Weychert, NC DCM
Gregg Bodnar, NC DCM
Maria Dunn, NCWRC
Jimmy Harrison, NC DMF
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20181108v5_TJs Land Development_TJs Transient Marina_IWQC_BeaufortCo_20230824
D � ��� 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
NOR1H CARou Na 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006150 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 Toby Tetterton and TJ's Land Development, 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 April 27, 2023, and subsequent information on July 20, 2023 and August 17, 2023,
and by Public Notice issued by the Division of Coastal Management on July 23, 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
Amount Approved
Permanent
Temporary
Highground Buffer Excavation for
Expansion of Canals
Boat Harbor Canal
0.231 acres
N/A
(+/- 10,056 sq.ft.)
Bakers Creek
0.205 acres
N/A
(+/- 8,914 sq.ft.)
Sargeant Canal
0.121 acres
N/A
(+/- 5,271 sq.ft.)
Open Water Excavation
Boat Harbor Canal
0.420 acres
N/A
(+/-18,314 sq.ft.)
Bakers Creek
0.554 acres
N/A
(+/- 24,144 sq. ft.)
Sargeant Canal
0.097 acres
N/A
(+/- 4,240 sq.ft.)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
If activities must occur during periods of high biological activity (e.g. 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) shall be implemented. Exceptions to
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
Nnhricaao.iw 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 5 of 13
this condition require written approval by the resource agency responsible for the given
moratorium.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 048 .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. 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.
The permittee must conduct the following water quality sampling: Samples shall be collected
prior to the initiation of dredging, midway of the dredge process (one-half the spoil quantity has
been removed) and within 48 hours of removal of the turbidity curtain to ensure compliance
with the Tidal Salt Water Quality Standards for Class SC Waters. If the dredging is to be
conducted in phases, a written description of construction methodology and sampling protocols
shall be submitted to the DWR for approval prior to initiating work.
Citation: 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. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
The Permittee shall maintain a record of the daily equipment calibration and sample results at
the required sampling intervals.
Citation: 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. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
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4. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SC Waters.
(9) Metals:
(a) With the exception of mercury and selenium, acute and chronic tidal salt water quality
standards for metals shall be based upon measurement of the dissolved fraction of the
metals. Mercury and selenium shall be based upon measurement of the total recoverable
metal;
(b) With the exception of mercury and selenium, acute and chronic tidal saltwater quality
aquatic life standards for metals listed in this Sub -Item shall apply as a function of the
pollutant's water effect ratio (WER). The WEIR shall be assigned a value equal to one unless
any person demonstrates to the Division in a permit proceeding that another value is
developed in accordance with the "Water Quality Standards Handbook: Second Edition"
published by the US Environmental Protection Agency (EPA-823-B-12-002). Alternative site -
specific standards may also be developed when any person submits values that demonstrate
to the Commission that they were derived in accordance with the "Water Quality Standards
Handbook: Second Edition, Recalculation Procedure or the Resident Species Procedure."
(c) Acute and chronic tidal salt water quality metals standards shall be as follows:
(i) Arsenic, acute: WER• 69 ug/I;
(ii) Arsenic, chronic: WER• 36 ug/I;
(iii) Cadmium, acute: WER• 40 ug/I;
(iv) Cadmium, chronic: WER• 8.8 ug/I;
(v) Chromium VI, acute: WER• 1100 ug/I;
(vi) Chromium VI, chronic: WER• 50 ug/I;
(vii) Copper, acute: WER• 4.8 ug/I;
(viii) Copper, chronic: WER• 3.1 ug/I;
(ix) Lead, acute: WER• 210 ug/I;
(x) Lead, chronic: WER• 8.1 ug/I;
(xi) Mercury, total recoverable, chronic: 0.025 ug/I;
(xii) Nickel, acute: WER• 74 ug/I;
(xiii) Nickel, chronic: WER• 8.2 ug/I;
(xiv) Selenium, total recoverable, chronic: 71 ug/I;
(xv) Silver, acute: WER• 1.9 ug/I;
(xvi) Silver, chronic: WER• 0.1 ug/I;
(xvii) Zinc, acute: WER• 90 ug/I; and
(xviii) Zinc, chronic: WER• 81 ug/I;
(d) Compliance with acute instream metals standards shall only be evaluated using an average
of two or more samples collected within one hour. Compliance with chronic instream metals
standards shall only be evaluated using averages of a minimum of four samples taken on
consecutive days, or as a 96-hour average;
(12) 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;
(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
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 7 of 13
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 (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and 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 permittee shall adhere specially to 15A NCAC 02B .0208 Standards for Toxic Substances and
Temperature for Arsenic: 10 micrograms/1 (measured as Total Arsenic)
Citation: 15A NCAC 028 .0208 (a)(2)(8)(ii)
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 (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife, and secondary contact recreation]; and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
6. The Permittee shall take all necessary measures to contain the dredge spoil material in a manner
that prevents effluent water from discharging to or entering adjacent surface waters. Dewatering
of the spoil containment site is not authorized.
Citation: 15A NCAC 028 .0230
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: (2) 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 offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
7. Any marina project that proposes to dispense or store fuel, must adhere to an EPA approved Spill
Prevention Control and Countermeasure (SPCC) plan.
Citation: 15A NCAC 02H .0506(b)(3), 15A NCAC 02H .0507(c) and 15A NCAC 02H .0220 (2) and (10)
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
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 ...more depending on classification); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
8. The docking facility (as a whole) is permitted for twenty-three (23) slips (15 along Baker's Creek
and Boat Harbor Canal and 8 along Sergeant Canal). Dockage of vessels other than the permitted
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
NQr cavo, iNa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 8 of 13
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
twenty-three (23) number of designated slips (15 along Baker's Creek and Boat Harbor Canal and 8
along Sergeant Canal).
Citation: 15A NCAC 07H .0208
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
9. All bulkhead backfill will be obtained from a high ground source and consist of clean, earthen
material free of any pollutants except in trace quantities confined landward of the permitted
bulkhead. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris
shall not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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. If concrete is used during construction and any concrete construction materials used for
bulkhead components, such as deadman anchors, tie -back systems and concrete caps, shall be
managed in a manner that prevents contact with waters of the State. A dry work area shall be
maintained to prevent direct contact between curing concrete and adjacent surface water.
Water that inadvertently contacts uncured concrete shall not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills. Any water that
contacts uncured concrete shall be captured, treated, and disposed of properly.
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: (2) 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 offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
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).
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
Nnh r i caao, iNA � 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 9 of 13
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.
12. The permittee shall submit an "As -built" survey to the DWR within 30 days of completing the
project.
Citation: 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. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
13. 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.
14. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
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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
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 offish, 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.
15. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .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 offish, 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
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
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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.
16. 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
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 offish, 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. 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
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 offish, 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.
18. 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
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
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
Nnhricaao.iw 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 12 of 13
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
19. In accordance with N.C.G.S. 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
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.
20. 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.
21. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaao_wa 919.707.9000

Us Land Development, LLC
DWR# 20181108v5
Individual Certification #WQC006150
Page 13 of 13
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 1st day of September 2023
vm-� -"--I
David May, L.G., Supervisor
Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources
D � ��� 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
NOR1H CARou Na 919.707.9000