20100740 Ver 3_Approval Letter_20231220

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 20, 2023
DWR # 20100740v3a maximum of
Pender County
B & M Holdings, LLC
Attn: Jeb Bradshaw
2570 Scott Hill Loop Road
Wilmington, NC 28411
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Scotts Hill Lopp Marna Basin Expansion and Maintenance Excavation
USACE Action ID. No. SAW-2005-00800
Dear Mr. Bradshaw:
Attached hereto is a copy of Certification No. WQC006507 issued to Jeb Bradshaw and B&M Holdings, LLC,
dated December 20, 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)].
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.
y� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
NORTH raaa_iN4 A/ 910.796.7215
Q.p.rh to E.W.nm ul Q..Z�

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DWR#20100740v3
Individual Certification#WQC006507
Page 2 of 10
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.comy or by calling the OAH Clerk's Office at (919) 431-
3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
tMOVt, & SaVi,GL,�Ai"
8554BOF62DED464...
North Carolina Department of Environmental Qualitv I Division of Water Resources
e_�D, E Q 7
4] 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DW R#20100740v3
Individual Certification#WQC006507
Page 3 of 10
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Electronic cc: Gregory Finch, Davey Resource Group
Sarah Hair, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20100740v3 Scotts Hill Marina IWQC PendCo Dec.23
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
910.796.7215
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B&M Holdings, LLC - Scotts Hill Marina
DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#20100740v3
Individual Certification#WQC006507
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006507 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 Jeb Bradshaw and B&M Holdings, 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 November 11, 2023 and by Public Notice issued by the Division of Coastal
Management on August 8, 2023.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts associated with the replacement of the existing pier, floating docks, breakwater
and dolphin piles are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Plan Location or
Permanent
Temporary
Reference
Open Waters
Maintenance
N/A
1.744 acres
Excavation and
(+/- 76,000 sq. ft.)
Reconfiguration of
marina basin
Riparian Wetlands
Bulkhead Backfill
0.004 acres
N/A
(+/- 210 sq.ft.)
Highground Excavation
Expansion of Marina
0.119 acres
N/A
Basin
(+/- 5,200 sq.ft.)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
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 02B .0221
North Carolina Department of Environmental Qualitv I Division of Water Resources
e:��DE Q7 4] 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215

B&M Holdings, LLC - Scotts Hill Marina
DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#20100740v3
Individual Certification#WQC006507
Page 5 of 10
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
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
Canals or boat basins shall not be dredged beyond their original depth and width. In this case
the waters within the access channel maintenance area are authorized to a maximum width of
75 feet and a maximum depth of -5 feet Mean Low Water.
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.
3. Please note that the area surrounding the access channel and floating dock oriented
perpendicular to the AIWW channel contain submerged aquatic vegetation (SAVs). No impacts
to SAVs are authorized by this certification outside the approved impacts specified herein.
Citation: 15A NCAC 07H .0208 (a)(6)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. 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. 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.
4. 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 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 E Q7�) 127 Cardinal Drive Ext. Willmineton, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DWR#20100740v3
Individual Certification#WQC006507
Page 6 of 10
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.
5. The docking facility is permitted for a maximum of 75 of slips. Dockage of vessels other than the
75 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 xx number of designated slips.
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.
6. The construction of the docking facility may not cause any additional closure of shellfishing
waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 02B.0201(f)
and 15A NCAC 02B.0221(1).
Citation: 15A NCAC 028.0201(f) and 15A NCAC 028.0221(1)]
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
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead. The permitted bulkhead is authorized a maximum of 2
feet waterward of the existing bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 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.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q7�) 127 Cardinal Drive Ext. Wilmineton, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DWR#20100740v3
Individual Certification#WQC006507
Page 7 of 10
All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. 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.
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.
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)
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.
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).
DUEQ�JI North Carolina Department of Environmental Quality I Division of Water Resources
!� 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215

B&M Holdings, LLC - Scotts Hill Marina
DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#20100740v3
Individual Certification#WQC006507
Page 8 of 10
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. 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.
13. 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.
14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
DRE�Q� North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
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DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DWR#20100740v3
Individual Certification#WQC006507
Page 9 of 10
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
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
15. 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
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.
16. 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.
17. 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.
DRE Q�JI North Carolina Department of Environmental Quality I Division of Water Resources
!� 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
o�Pan�re��oic�w�,o�memaia��r� /^� 910.796.7215

DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF
B&M Holdings, LLC - Scotts Hill Marina
DWR#20100740v3
Individual Certification#WQC006507
Page 10 of 10
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 20th day of December 2023
CDocuSigned by:
V41(tD & SaIn,G�.c,�j—�i"
Morella Sanchez -King 8554BOF62DED464...
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
North Carolina Department of Environmental Qualitv I Division of Water Resources
e_�D, E Q 7
4] 127 Cardinal Drive Ext. Wilmington, North Carolina 28105-5406
oeportmemmmm�onn,emoi 9u ry 910.796.7215