20050813 Ver 3_Approval Letter_20070524

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Iinvironment and Natural Resources
4 '~'
May 24, 2007
Alan W. Klimek, P.I:. Director
Division of Water Quality
DWQ Project # OS 0813 Ver. 3
Onslow County
Blue Marlin, LLC
c/o Gordon Frieze
PO Box 1328
Wrightsville Beach, NC 28480
Subject Property: Mimosa Bay Subdivision
APPROVAL of Isolated Wetlands Permit
Dear Mr. Frieze:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.24 acre of
isolated wetlands for the purpose of a residential lot in Onslow County, at the subject property, as
described within your application dated May 9, 2007 and received by the Division of Water Quality on
May 14, 2007. After reviewing your application, we have determined that this fill is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
Also, this Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or
unless otherwise rescinded by the Director of the Division of Water Quality.
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 Permit 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 Permit
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:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Isolated Wetlands 0.24 (acres) Isolated wetland 2 see
attached ma
Waters N/A (acres)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] tnternet: www.nc~~~aterquality,.Org One
An Equal Opportunity/Affirmative Action Employer - SO% Recycled/10% Post Consumer Paper North Carolina
~aturallr~

Page Two
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # OS-0813 Ver
May 24, 2007
2. Construction stormwater Permit NCGO10000
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 maybe found at
http://h2o.enr.state.nc.us/su/Fa~~ns Documents.lzt~n.
3. 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 al] 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.
4. 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.
5. No Sediment & Erosion Control Measures .v/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.

Page Three
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # OS-0813 Ver. 3
May 24, 2007
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all lots with remaining wetlands and
waters or on areas within 50 feet of all streams and ponds if riparian buffer protection rules are
applicable. These mechanisms shall be put in place within 30 days of the date of issuance of the
General Permit letter. A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/wetlands. DWQ shall be sent copies of
all recorded deed restrictions applied to these lots and a copy sent to the regional office.
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.
Violations of any condition herein set forth may result in revocation of this Permit 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 Permit, shall expire upon
expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of
the Division of Water Quality.
If you do not accept any of the conditions of this Permit (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 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This Permit 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 the Isolated Wetlands Rules as
described within 15 NCAC 2H, Section 0.1300. 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.
.-~
Sincer~l~;`
-,, _, f
'~ ~ r' r'
~ r
Alan W. Klimek, P.E.
Enclosures: IWGP100000
Certificate of Completion
cc: Ellen Cornette -Applied Resource Management
Ian McMillan -DWQ 401 Oversight and Express Unit
Brad Shaver - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Central Files
WiRO

MAP OF / LDCATION MAP
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MIMOSA BAY 100 ~- ~ ~~
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NORTH CAROLINA / Z v~EVv _,~
DATE: MAY 4, 2007 \ / ~? p~~pNM ,Roy
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i 98 /
43 < /. ~j~ 75 ISOLATED WETLAND 2
1051 Q SQ. Fi. 218
/ Cn 56 ~ _ {~~ / 0.24 ACRES /~
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44 ~`~ ~ ~ 7 /
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55 ~ 74
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5283 SQ, FT. 71 ~°',~'~~ ~¢Q~Oi~ / i. FOR REFERENCE SEE M B 50 PG 125
UNE BEARfNG DISTANCE
L 1 S 69 43'13" W 100.70'
L2 S 4834'59" E 49.65'
L3 S 09'42'20" W 34.55'
L4 S 52'39'05" W 45.94'
L5 N 8775'01 " W 24..37
L6 N 2179 59 W ?5 94'
L 7 N 08 31'05" E 32.37'
LB N 1033'45" f 32.11'
L9 N 788'30' E 29Jf'
L10 N 7105'07" W 133.93'
Ll i S 3908'46" E 54.91'
t 12 S 16 30'16" E 42.90'
L13 S 6722'47" W t02zi'
Li4 N 2275'43° W 112.74`
Lis N 7538'00" E 37.75'
L 18 N 80'09'14" E 54.43'
0.12 RCRES a~ q` ~""'°""''~. ~/'~ PHASE ONE SfC1i0N 5 & M.B. 50 PG. 191 ~* t I
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____ i `t . ,~~ N - ~ ~Q WILMINGTON, N. C. 28403
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. ' FAX.' ~9i0) 343-9941
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