20090731 Ver 3_Approval Letter_20140415

WA
aAl
MCDENR
Borth Carolina Department of Environment and natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 15, 2014
DWR Project # 2009 0731 V3
Carteret County
Turner Westward, LLC &
Taylors Creek Holdings, Inc.
Attn: Barney McLaughlin TRS
301 Pine Street �� N(DEF
Beaufort, NC 28516 Q �
�l PD nmotiLiglandECTity
Subject Propert : Old Town Creek Harbor H 1 -1Y omes et. aL,
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. McLaughlin:
You have our approval, in accordance with the attached conditions and those listed below to add seven
additional slips to the previously approved docking facility and dredge an additional 7,350 square feet, as
described in your CAMA application dated November 18, 2013 and received by the Division of Water
Resources (Division) in the Wilmington Regional Office (WiRO) on November 20, 2013 and subsequent
information received on March 21, and 27, 2014. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification
allows you to use the 404 permit when issued by the US Army Corps of Engineers and the CAMA Major
Permit when issued by the Division of Coastal Management. 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. The approved plans and
specifications for this project are incorporated by reference and are an enforceable part of the permit. 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 on the following pages.
° C LP SCR p -
APR 1 7 2014
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°wAT_R dU ITY
127 Cardinal Drive Ext., Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Turner Westward, LLC &
Taylors Creek Holdings, Inc.
Attn: Barney McLaughlin
April 15, 2014
DWR Project # 2009 0731 V3
Page 2 of 5
.,
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:
2. 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 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.
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 the 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 approval letter and General Certification and is
responsible for complying with all conditions
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 26..0220. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under the authorization letters and certifications.
i �s
Amount Approved (Units)
Plan Location or Reference
Open Waters
Turner Westward, LLC & Taylor Creek
(shallow bottom)
7,350 sq ft (0.17 ac)
Holdings, Inc. Townhome Lots 1 -6
drawing stamped received March 21,
2014 (attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
2. 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 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.
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 the 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 approval letter and General Certification and is
responsible for complying with all conditions
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 26..0220. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under the authorization letters and certifications.
i �s

Turner Westward, LLC &
Taylors Creek Holdings, Inc.
Attn: Barney McLaughlin
April 15, 2014
DWR Project # 2009 0731 V3
Page 3 of 5
6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division, between
the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at
919.807.6308 and after hours and on weekends call the USCG National Response center at
1.800.424.8802.
7. Fueling, lubrication and general equipment maintenance should not take- place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils.
Continuing Compliance:
8. Turner Westward, LLC & Taylors Creek Holdings, Inc. and their authorized agents and /or contractors shall
conduct construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the Division
may reevaluate and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507 (d). Before modifying the
Certification, the Division shall notify Turner Westward, LLC & Taylors Creek Holdings, Inc., the US Army
Corps of Engineers, and provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for a public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions
shall be provided to Turner Westward, LLC & Taylors Creek Holdings, Inc., in writing, shall be provided to
the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Certificate of Completion
Upon completion of all work approved within the 401 Water Resource Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 and Buffers Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or
waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form
from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in

Turner Westward, LLC &
Taylors Creek Holdings, Inc.
Attn: Barney McLaughlin
April 15, 2014
DWR Project # 2009 0731 V3
Page 4 of 5
the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings
Monday through Friday between the hours of 8:00 am and 5:00, pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478
A copy of the petition must also be served on DENR as follows:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division under Section 401 of the Clean Water Act. If you have any
questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or via e-mail
at iennifer.burdette @ncdenr.eov or Joanne Steenhuis in the DWR Wilmington Regional Office at
910.796.7306 or via e-mail at [e-mail].
Sincerely,
Gxgr
Jim Greg on, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Attachment
Enclosures: GC 3900
Certificate of Completion

Turner Westward, LLC &
Taylors Creek Holdings, Inc.
Attn: Barney McLaughlin
April 15, 2014
DWR Project # 2009 0731 V3
Page 5 of 5
cc: Ronnie Smith - USACE Wilmington Regulatory Field Office
Ginger Turner — Stroud Engineering, PA — electronic copy
Jennifer Burdette - DWR 401 and Buffer Unit
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
WiRO

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