20050813 Ver 3_Approval Letter_20070312

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 12, 2007
Blue Marlin, LLC
c/o Gordon Frieze
PO Box 1328
Wrightsville Beach, NC 28480
DWQ Project # 050813 Ver 2
Onslow County
Subject Property: Mimosa Bay Subdivision, Phase V
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Frieze:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact and additiona10.1901 acres of wetlands and temporarily impact 0.0174 acres
of wetlands and 10 feet of stream for the installation of utilities for the purpose of constructing a
residential subdivision (Phase V) at the subject property, as described within your application dated
August 31, 2006, additional information received by the N.C. Division of Water Quality (DWQ)
Wilmington Regional office (WiRO) on November 1, 2006, March 5, 2007 and March 6, 2007. After
reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Number 3402 (GC3402). This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification(s) allows you to use Nationwide
Permit 39 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, 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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: +v+vw.nc+vatcrquality.org NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ,Jl ~atura!!r~

Page Two
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
Amount Ap roved (Units) Plan Location or Reference
Stream 10 feet Area A
404 Wetlands Permanent 0.1901 (acres)
Tem orary 0.0174 (acres) Areas 1, 2 & 3
Part of Area 3
Waters N/A (acres
Buffers N/A (s uare ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Notification. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

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Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
5. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map approved by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
each lot until the lot is sold.
Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
copy of the recorded document must be sent to this office at the letterhead address and to
Cyndi Karoly at the 401 Oversight and Express Unit, 1650 Mail Service Center, Raleigh, NC
27699-1650, prior to filling the wetlands and stream approved for impacts under this
Certification.
7. Certificate of Completion
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 the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr.state. nc. us/su/Forms Documents. htm.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

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Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, which conforms to Chapter I SOB 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 Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Enclosures: GC 3402
Certificate of Completion
Since y,
~ Alan W. Klimek, P.E.
t
cc: Ellen Cornette -Applied Resource Management
Brad Shaver, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit
Stephen Rynas, DCM Morehead City
Central Files
W iRO