20050813 Ver 1_Approval Letter_20050531

OF WATER Michael F. Easley, Governor
~O~ QG William G. Ross Jr., Secretary
~ North Carolina Department of Environment and Natural Resources
~ r
> .~ Alan W. Klimek P.E., Director
p -~ Division o~ Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quallty
May 31, 2005
Blue Marlin, LLC
c/o Gordon Frieze
PO Box 1328
Wrightsville Beach, NC 28480
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Mimosa Bay Subdivision
DWQ Project # 050813
Onslow County
Dear Mr. Frieze:
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located on your property off Pine Hammock Road in Sneads Ferry, in Onslow County.
This approval allows you to:
1. Fi110.28 acre of 404/401 jurisdictional wetlands as a part of a road crossing to the site and three
driveway crossings and includes the slopes for the fill.
2. Pipe approximately 70' of Granger Branch to upgrade the existing crossing and pipe.
3. Fi110.12 acre of isolated wetlands for lot fills.
This approval is only valid for the purpose and design that you described in your Express CAMA
Major application received by the Division of Water Quality (DWQ) Wilmington regional Office (WiRO)
on May 3, 2005 and the Express Pre-Construction Notification (PCN) application received as complete by
the Division of Water Quality (DWQ) in the Wilmington Regional Office on May 9, 2005. After
reviewing your application(s), we have determined that General Water Quality CertiEcation Number
3400 covers this activity. This Certification can also be found on line at:
htty://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit
when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional
Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal
Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
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Page Two
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813
May 31, 2005
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
2. Deed notifications and wetland preservation shall be placed on all remaining wetlands. These
mechanisms shall be in place within 30 days of the date of issuance of the 401 Certification
letter or the issuance of the 404 Permit (whichever is later). Please send DWQ a copy of the
recorded deed restriction and wetland preservation;
3. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow passage of water and aquatic life unless it can
be shown to DWQ that providing passage would be impractical;
4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to this office and a copy to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center,~Raleigh, NC, 27699-1650.
~~
Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #050813 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
f: `
Attachments: GC # 3400
Certificate of Completion
Sincer y,
~~ A a)~ n W. Klimek, P.E., Director
Division of Water Quality
cc: Corps of Engineers Wilmington Field Office -Henry Wicker
DCM Wilmington -Jason Dail
DCM Morehead -Doug Huggett
#lFaacpr~ess ~`~Jn7t ~ Wit` I{
Consultant -Ellen Cornette
WiRO

WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULESI
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 26 .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the .
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence fora 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;

WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WOC # 3400

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date