20150336 Ver 1_Approval Letter_20150520

A74�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Phillip A. Lewis
PO Box 662
Greenville, NC 27835
Subject Property:
Dear Mr. Lewis:
Donald R. van der Vaart
Secretary
a0� p DWR Project # 20150336
CAMCarteret County
Promise Landing SD and Marina, Morehead City
Approval of 401 Water Quality Certification with Additional Conditions
You have our approval, in accordance with the attached conditions and those listed below to reconfigure a
2 -slip docking facility to a total of 9- slips, as described in your CAMA application dated April 1, 2015, and
received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on April 7, 2015.
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 General Permit No.
198000291 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, Water Supply Watershed, 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 requires you to follow the conditions listed in the attached certification and any additional
conditions listed on the following pages.
The Additional Conditions of the Certification are:
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. Any new owner must notify the Division and request
the Certification be issued in their name (15A NCAC 02H .0501 and .05021.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts are
accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H
.0506 (4)] The applicant shall require his contractors (and /or agents) to comply with all of the terms
of this Certification, and shall provide each of its contractors (and /or agents) a copy of this
Certification.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -7215\ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper

Phillip A. Lewis
DWR Permit # 20150336
May 20, 2015
Page 2 of 4
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
5. The permitee shall require its contractors and /or agents to comply with the terms 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 a copy of this certification.
A copy of this certification including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant /permitee 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. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee /contractor shall immediately contact the Division of Water Quality, between the hours of
8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends
call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina
Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A
NCAC 026 .0200 (3)(f), and GS 143 Article 21A].
8. 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. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).

Phillip A. Lewis
DWR Permit # 20150336
May 20, 2015
Page 3 of 4
10.
11.
SAVs
Please note that the area surrounding the proposed project contains submerged aquatic vegetation
(SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts
specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)]
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 and /or authorized agent is required
to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion. The certification of completion is available at:
http: / /Po rta 1. ncd e n r.o re /web /wq /swi)/ws /401 /certsa nd pe rm its /apply /forms).
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.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form maybe obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
if sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, INC 27699 -1601

Phillip A. Lewis
DWR Permit# 20150336
May 20, 2015
Page 4 of 4
This letter completes the review of the Division of Water Resources 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 Jennifer.BurdetteCc?ncdenr.eov or Joanne Steenhuis in the DWR Wilmington Regional
Office at 910.796.7306 or Joanne.Steenhuis(o)ncdenr.gov.
Sincerely,
Jim eg n, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3900
cc: Alan Bailey— Blue Water Marine Construction Inc.
Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Heather Styron — DCM Morehead City — electronic copy
Jennifer Burdette —Wetlands and Buffer Unit
Daniel Govoni - DCM Morehead City— electronic copy
WiRO

Cit
Permit Classp�� Permit Number
NEW �, 1 75-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrmit
JUL, 1 5 2015
for DENR -W-j-ER RCSOUrtCES
401 & BUFFER PERMITTING
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Promise Land, LLC, PO Box 662, Greenville, NC 27835
Authorizing development in Carteret County 1009 Shepard Street, Morehead City Waterfront
area , as requested in the permittee's application dated 1/30/15, including the
attached workplan drawings (5) all dated 11/1/14
This permit, issued on July 7, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the reconfigured docking facility expressly
and specifically set forth in the permit application. No other structure, whether floating or stationary,
shall become a permanent part of this reconfigured docking facility without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over public trust waters without
permit modification.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Promise Land, LLC Permit # 75-15
Page 2 of 3
ADDITIONAL CONDITIONS
2) The associated structures shall have a minimum setback distance of 15 feet between any parts of the _ . .
structure and the adjacent property owner's riparian access corridors.
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather. - -
7) This permit authorizes 7 additional boat slips for a maximum of nine formalized boat slips at the
authorized facility.
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
9) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached
workplan drawings.
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management
prior to project initiation in order to discuss the conditions set forth in this permit.
1

Promise Land, LLC
ADDITIONAL CONDITIONS
Permit # 75-15
Page 3 of 3
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW -2015-00890.
NOTE: An application processing fee of $250 was received by DCM for this project.

Pat McCrory
Governor
74V
NCDENR
North Carolina Department of Environment and Natural Resources
RECEIVEMCDEHR/M
Donald R. van der Vaart
Secretary
FA
Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the
Morehead City waterfront area.
Proposed Project: Proposes to reconfigure a 2 -slip docking facility with the removal of the
existing platform and boatlifts. They propose to add a total of nine slips (2
existing and 7 new)with boatlifts, add finger piers and a new access in order to
accommodate each land owner with a slip.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. Z_C)
This agency has no comment on the proposed project. V�tS
This agency approves of the project only if the recommended changes are -
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED r— �_�'�'' DATE J
,J 400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastaimanagement.net
An Equal opportunity /Affirmative Action Employer
APR 0.-7 2015 '
April 1, 2015
MEMORANDUM:
Water Quality Regional'
Operations Section
Wilmington Regional office
APP 7 2015
TO:
Linda Lewis
By,,
Jo T RUNSitee - Ws 0
Division of Water Resources
FROM:
Daniel Govoni
Major Permits Processing CoordinatorSUBJECT:
Fview
CAMA/DREDGE & FILL Permit Application
R 2 2 201- r -�
Applicant:
c/o Phillip Lewis
✓ATER'r';..... J
�LEINS
40BUFFL.R pFne�`??ces
FA
Project Location: Carteret County, at 1009 Shepard Street, in Morehead City along the
Morehead City waterfront area.
Proposed Project: Proposes to reconfigure a 2 -slip docking facility with the removal of the
existing platform and boatlifts. They propose to add a total of nine slips (2
existing and 7 new)with boatlifts, add finger piers and a new access in order to
accommodate each land owner with a slip.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
April 21, 2015. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. Z_C)
This agency has no comment on the proposed project. V�tS
This agency approves of the project only if the recommended changes are -
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED r— �_�'�'' DATE J
,J 400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastaimanagement.net
An Equal opportunity /Affirmative Action Employer