20050813 Ver 5_Approval Letter_20151002

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 2, 2015
Blue Marlin, LLC
Attn: Gordon Frieze
PO Box 1328
Wrightsville Beach, NC 28480
Donald R. van der Vaart
Secretary
DWR # 2005 0813 V5
Onslow County
Subject Property: Mimosa Bay Subdivision, Sneads Ferry
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
permanently impact approximately 0.1041 acres of wetlands and impact 0.0377 acres of open
waters (ditch) as described in your pre- construction notification (PCN) application dated
September 3, 2015 and received by the Division of Water Resources (Division) on September 4,
2015 and subsequent information received on October 2, 2015. These impacts are unchanged
from the previous authorized amounts. These impacts are covered by the attached Water
Quality General Certification Number 3890 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers. 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 Permit.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
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:
Division of Water Resources Wilmington Regional Once
127 Cardinal Dr. Ext., Wilmington, NC 28405
Phone [phone] Internet .nodenr.aov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Blue Marlin, LLC
Attn: Gordon Frieze
DWR Permit H 20050813 V5
October 2, 2015
Page 2 of 5
Open Water
404/401 Wetlands
1 (old 3B)
2 (old 1)
TOTAL
Amount Approved (Units)
1 0.03777 ac
Permanent
0.011 ac
0.0931 ac
0.1041 ac
* No Temporary Impacts are approved with this certification
Plan Location or Reference
Figure 9 (attached)
Figure 8 (attached)
Figure 7 (attached
2. 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 Certification 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.
3. 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.
4. 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 Resources Certification.
5. Sediment and Erosion Control Measures
Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat,
suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and
(c)(3)1

Blue Marlin, LLC
Attn: Gordon Frieze
DWR Permit # 20050813 V5
October 2, 2015
Page 3 of 5
6. Wetland Boundary Identification
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .
7. 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)]
8. 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 910.796.7315 and after hours and on weekends call Isool 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 02B .0200 (3)(f),
and GS 143 Article 21A]
9. 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)]
10. The permitee shall require its contractors and /or agents to comply with the terms and
conditions 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 with 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)1
11. Any additional impacts to streams and /or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision will
require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H
.0506(4) and 15A NCAC 02H .0501 and .05021

Blue Marlin, LLC
Attn: Gordon Frieze
DWR Permit # 20050813 V5
October 2, 2015
Page 4 of 5
12. Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Resources, 401
& Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699 -1617 and to the
Wilmington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
13. 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 copy of the certificate of completion Form to the
DWR 401 and Buffers Unit within ten days of project completion (available at:
http: / /Dortal.ncdenr.ore /web /wci/swD /ws/ 401 /certsandi)ermits /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 may be obtained from the OAH at
htto: / /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
8:00am and 5:00pm, 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

Blue Marlin, LLC
Attn: Gordon Frieze
DW R Permit # 20050813 V5
October 2, 2015
Page 5 of 5
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis
in the Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis(@ncdenr.sov if you
have any questions or concerns.
Sincerely,
i
Jim son, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3890
cc: Ellen Cornette — Applied Resource Management — electronic copy
Brad Shaver- USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette — DWR Wetlands and Buffers Unit
WiRO

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