20230341 Ver 2_Approval Letter_20240318

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 18, 2024
DWR # 20230341v2
Onslow County
Beaver Creek Investors, Inc.
Attn: Betty Bullock
405 Johnson Blvd.
Jacksonville, NC 28540
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Tides End Phase II
USACE Action ID. No. SAW-2023-01165
Dear Mrs. Bullock:
Attached hereto is a copy of Certification No. WQC006675 issued to Betty Bullock and Beaver Creek
Investors, Inc. dated March 18, 2024. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
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
rt North Carolina Department of Environmental Quality I Division of Water Resources
D �J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR1H cARouNa �/ 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 2 of 16
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Michael Meilinger at 910-796-7215 or [e-mail] if you have
any questions or concerns.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 3 of 16
Sincerely,
gDo�cuSigned by:
5awAt', 6"
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Wilmington Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Bobby Billingsley, [e-mail]
John Thomas, [e-mail]
Katherine Elks, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20230341v2 Tides End Phase II IWQC OnslowCo. March24.docx
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
Noa1HCAaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 4 of 16
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006675 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 Betty Bullock and Beaver Creek Investors, Inc., who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on January 29, 2024, subsequent information on February 12, 2024, February 26,
2024, February 27, 2024, and by Public Notice issued by the Division on February 1, 2024, and within the
Reasonable Period of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved to install one wetland road crossing and 2 road stream
crossings with associated fill. No other impacts are approved, including incidental impacts. [15A NCAC
02H .0506(b)]
Type of Impact
Amount Approved
Mitigation Amount
Plan Location and
Permanent
Required
Reference
Perennial Streams
Site B
89 linear feet
N/A
ePCN application, additional
Access Phase I
information received
February 12, 2024, Sheets 1
through 12 of 12
Site C
68 linear feet
N/A
ePCN application, additional
Access Phase 11
information received
February 12, 2024, Sheets 1
through 12 of 12
Total
157 linear feet
N/A
Riparian Wetlands
Site A
0.021 acres
0.021 credits
ePCN application, additional
Fill
information received
February 12, 2024, Sheets 1
through 12 of 12
Non -Riparian
Wetlands
Site B
0.125 acres
0.125 credits
ePCN application, additional
Fill
information received
February 12, 2024, Sheets 1
through 12 of 12
Site B
0.001 acres
0 credits
ePCN application, additional
Rip Rap Outlet
information received
Protection
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830 Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 5 of 16
February 12, 2024, Sheets 1
through 12 of 12
Site C
0.053 acres
0.053 credits
ePCN application, additional
Fill
information received
February 12, 2024, Sheets 1
through 12 of 12
Site C
0.006 acres
0 credits
ePCN application, additional
Rip Rap Outlet
information received
Protection
February 12, 2024, Sheets 1
through 12 of 12
Total
0.206 acres
0.2 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Riparian
0.02 acres (credits)
Whie Oak River Basin /
Wetlands
03020302 HUC
Non -Riparian
0.18 acres (credits)
Whie Oak River Basin /
Wetlands
03020302 HUC
Citation: 15A NCAC 02H .0506(c), 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 project must provide for replacement of
existing uses through compensatory mitigation.
The Permittee shall secure an approved stormwater management plan (SMP) from NCDEMLR
before any impacts authorized in this certification occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of
close-out of the Erosion and Sediment Control Plan.
Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c)
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 6 of 16
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
Appropriate measures should be installed prior to any land clearing activities to protect
wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads
can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H .0506 (b)(1) and (2)
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
...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.
4. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506 (b)(2) and (c)(2) and 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.
5. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a),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. In determining that the
proposed activity will comply with state water quality standards (including designated
uses, numeric criteria, narrative criteria and the states antidegradation policy), the
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaao_wa 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 7 of 16
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. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC O2H .O5O2(a),,15A NCAC O2H .O5O6(b),, 15A NCAC O2H .O5O7(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.
7. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC O2H .O5O2(a),,15A NCAC O2H .O5O6(b),, 15A NCAC O2H .O5O7(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 states 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 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
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR H CAROL NA " 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 8 of 16
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.
9. 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.
10. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 02B
.0231
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
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 9 of 16
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.
11. 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.
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
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.
12. 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
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 10 of 16
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
13. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 02B
.0231
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.
14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200
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. 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.
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 11 of 16
15. 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.
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.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
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
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaao_wa 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830 Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 12 of 16
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best 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. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
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. 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)
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 13 of 16
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.
19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0201
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. 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.
21. 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
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 14 of 16
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.
22. 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.
23. 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.
24. 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 404 Permit. The conditions in effect on the date of
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NoalHcaao_wa 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
Tides End Phase II
DWR #20230341v2
Individual Certification WQC006675
Page 15 of 16
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 18th day of March 2024
gDo�cuSigned by:
II�ovY(la 5awAt', 6"
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Wilmington Regional Office
Division of Water Resources, NCDEQ
t� North Carolina Department of Environmental Quality I Division of Water Resources
D � 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
Noa1HCAaD_NA 910.796.7215

DocuSign Envelope ID: 226E7529-428B-4463-A657-193A5590D830
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
March 18, 2024
Permittee: Betty Bullock DWR Project # 20230341v2
Project Name: Tides End Phase II
County: Onslow
The Division has received a Statement of Availability (SOA) from Davey Resource Group for Bachelors
Delight Mitigation Bank (Mitigation Provider) to satisfy the mitigation requirements set forth in 401
Individual Certification No. WQC006675 issued to Betty Bullock, dated March 18, 2024, as provided in
the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.18 acres (credits)
Whie Oak River Basin /
03020302 HUC
Non -Riparian Wetland
0.02 acres (credits)
Whie Oak River Basin /
03020302 HUC
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
rt North Carolina Department of Environmental Quality I Division of Water Resources
D�J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406
NOR1H cARouNa �/ 910.796.7215