19970009 Ver 2_Approval Letter_20220128

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Bluewater Point, LLC
Attn: Todd Isenhour
3411 Healy Drive, Suite A
Winston-Salem, NC 27103
NORTH CAROLINA
Environmental Quality
January 28, 2022
DWR # 19970009v2
Brunswick County
Subject: Approval of Individual 401 Water Quality Certification
Bluewater Marina — 5710 57t" Place West, Oak Island — Montgomery Slough - SA;HQW
USACE Action ID. No. SAW-1997-04601
Dear Mr. Isenhour:
Attached hereto is a copy of Certification No. WQC004620 issued to Todd Isenhour and Bluewater Point,
LLC, dated January 28, 2022. This approval is for the purpose and design described in your application. The
plans and specifications for this project are incorporated by reference as part of this Water Quality
Certification. If you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner must be given a
copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTHGAROL]NA i` _'
"�+ -1-1 m II ; � 919.707.9000

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 2 of 7
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].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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,
1DocuSigned by:
tuµ 'f1n� i� �cOA, for
7F141E73B6F3456...
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
cc: Dana Lutheran(via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 3 of 7
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 19970009v2 Bluewater Point LLC IC BrunsCo Jan.22.docx

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004620 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 Todd Isenhour and Bluewater Point, 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 December 2, 2021, and by Public Notice issued by the Division of Coastal Management on December 8,
2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and the
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions hereinafter
set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Open Waters
50- slip Marina
N/A
N/A
*see project narrative and
*0.19 acres of
sheet 1 & 2*
incorporated impact*
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The docking facility is permitted as daytime and transient only dockage. Dockage of vessels other than
the permitted for daytime and transient 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 designated slips.
Citation: 15A NCAC 07H .0208
2. The docking facility is permitted for 50 slips. Dockage of vessels other than the permitted slips will
require re-evaluation by DWR of the use of the dockage facility. Handrails or other devices, including
signage, should be used to discourage use of any dock space other than the 50 designated slips.
Citation: 15A NCAC 07H .0208
3. You will comply with any moratoriums per the INC Division of Marine Fisheries and the INC Wildlife
Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of
Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such
activities should take place during periods of high biological activity (e.g. anadromous species and

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 5 of 7
shorebirds), biological monitoring may be required at the request of other state and federal agencies
and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048.0125
4. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) 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; (1)
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 02B .0221
5. 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)
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
7. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
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.

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 6 of 7
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 028.0231
8. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a manner
that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed
within wetlands shall be removed from wetlands and the natural grade restored within two (2)
months of the date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
10. 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 028.0231
11. 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
12. 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
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.

DocuSign Envelope ID: 93E66518-6283-40C8-A2F9-BBAC5DF371AB
Bluewater Point, LLC
DWR# 19970009v2
Individual Certification #WQC004620
Page 7 of 7
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 028.0231
14. 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
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)
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)
17. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy
of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the
project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 28th day of January 2022
1DocuSigned by:
tuµ 'f1n� i� �cOA, for
7F141E73B6F3456...
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
MSK/hs