20071367 Ver 2_Approval Letter_20080707

q~OF W AT~9~G Michael F. Easley, Governor
William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
> -1
Coleen H. Sullins, Director
Division of Water Quality
July 7, 2008
DWQ Project # 07 1367 Ver 2
Carteret County

Nature's Own Land Company
Attn: Parish Sasser
1216 N. Topsail Dr
Surf City, NC 28445

Subject Property: Mariner's Point Subdivision

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Sasser:

This certification is an addendum to your previously issued Water Quality Certification issued on
October 26, 2007. All original conditions remain in place; this correspondence incorporates the
addition of the construction of a pier, dock, footbridge, walking path and a six slip docking
facility. You have our approval, in accordance with the attached conditions and those listed
below, to construct a pier, dock, footbridge, walking path and a six slip docking facility, as
described within your CAMA application dated May 16, 2008 and received by the N.C. Division
of Water Quality (DWQ) on May 21, 2008. After reviewing your application, we have decided
that the impacts are still covered by General Water Quality Certification Number 3641 (GC
3641). This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.htmI.. The Certification allows you to use 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. 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.

oCarolina
Jvaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Page Two
Nature's Own Land Company
Attn: Parish Sasser
DWQ Project # 071367 Ver 2
July 7, 2008

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 Plan Location or Reference
(Units)
Stream N/A (feet)
404/401 Wetlands 3584 sq ft (0.082 acres) Sheet 2 of 4
(previously issued) (See attachment on previous
certification dated 10/26/07)
Shading impacts
Coastal Wetlands 1568 sq ft (0.036 ac) Dock and pier
Open Water 1510 s ft (0.034 ac)

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.

Page Three
Nature's Own Land Company
Attn: Parish Sasser

DWQ Project # 071367 Ver 2
July 7, 2008

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 CAMA Major 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.

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.

5. Deed Notifications

Deed notifications or similar mechanisms (restrictive covenants as required by
the Corps) 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 sample deed notification can be

downloaded from the 401 /Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project. A recorded copy of the deed
notifications or restrictive covenants must be submitted to this Office and to the
401 Oversight and Express Unit in Raleigh before the impacts to wetlands
approved by this Certification can take place.

6. 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 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.

Page Four
Nature's Own Land Company
Attn: Parish Sasser
DWQ Project # 07 1367 Ver 2
July 7, 2008

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 150B 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 Ian McMillan in the Central Office in
Raleigh at 919.715.4631 or Joanne Steenhuis in the DWQ Wilmington Regional Office at
910.796.7215.

Si rely,

U)aO (3v-/ _

Coleen H. Sullins, Director
Division of Water Quality

Enclosures: GC 3641
Certificate of Completion

cc: Ron Cullipher - Stroud Engineering
David Timpy - USACE Wilmington
Ian McMillan - DWQ 401 Oversight Unit
Doug Huggett - DCM Morehead
Heather Styron - DCM Morehead
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