20170665 Ver 1_Approval Letter_20171023

Strickland, Bev
From: Mairs, Robb L
Sent: Monday, October 23, 2017 11:38 AM
To: [e-mail]'
Cc: Smith, Ronnie D SAW(Ron [e-mail]); Howell, Jonathan
Subject: RE: RE: [External] Re: 401 approval letter for DWR Project #20170665
Attachments: 20170665 sandbar oyster co. inc. 401 cert. oct. 17.pdf
Mr. Lindquist,
Attached is the 401 Cert. for the proposed shellfish lease. Hard copy will follow as well.
Thanks,
Robb Mairs
Environmental Senior Specialist
Division of Water Resources
North Carolina Department of Environmental Quality
robb.mairsancdenr.aov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Niels Lindquist [mailto:[e-mail]]
Sent: Friday, October 20, 2017 1:00 PM
To: Mairs, Robb L <[e-mail]>
Subject: Fwd: RE: [External] Re: 401 approval letter for DWR Project #20170665
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment to [e-mail].
Hello Robb,
I wanted to touch base with you about the note from Sheri below about the review and approval of DWR Project
#20170665. As you can read in the email chain below, we are hoping to push forward as quickly as possible with work
on this proposed shellfish lease to have the opportunity to bring forth for North Carolina a new variety of oyster that is
garnering national attention. This will be a positive development for all of North Carolina oyster farmers and wild
harvesters as North Carolina is playing catch up to other SE and Gulf coast states as a source of quality oysters.

We would greatly appreciate you moving our project review and approval forward as quickly as possible to the degree
you feel is fair and appropriate.
Thank you for the work you do at DWR. Have a great weekend.
Cheers, Niels Lindquist
-------- Forwarded Message--------
Subject:RE: [External] Re: 401 approval letter for DWR Project #20170665
Date:Thu, 19 Oct 2017 16:34:38 +0000
From:Montalvo, Sheri A <[e-mail]>
To:[e-mail] <[e-mail]>
Niels,
take care of entering the project and entering the fee when it comes in. So I have
forwarded your email below to Robb Mairs (robb.mairsa-ncdenr.gov) who will be in
charge of the review process and approval.
Thanks
Sheri
From: Niels Lindquist [mailto:[e-mail]]
Sent: Thursday, October 19, 2017 12:21 PM
To: Montalvo, Sheri A <[e-mail]>
Subject: [External] Re: 401 approval letter for DWR Project #20170665
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment [e-mail].
Hello Sheri,
This is Niels Lindquist. I'm writing in regards to obtaining a 401 approval letter for DWR Project #20170665. Yesterday, I
sent our check for the $240 processing fee to you by FEDEX, so I imagine you will have it on your desk soon. We are
hoping to have the 401 approval letter created as quickly as possible so, as Steve Murphey indicated in his message, we
can get this shellfish lease working to produce and debut a unique oyster with great potential to help promote and
expand market opportunities for NC oysters nationally. The urgency for us getting started is that these oysters develop
a deep green color in their gills and a spectacular flavor profile as they feed on a microscopic algae that begin to bloom
in our local waters moving into the cooler fall and winter months. We have a great deal of set up work ahead, so the
sooner we are able to get started, the better positioned we'll be to capitalize on this opportunity. Thus, we respectfully
request an expedited processing of our approval letter if at all possible.
Thank you, Niels
On 10/18/2017 9:52 AM, Burdette, Jennifer a wrote:

Niels,
Sheri's out of the office today. Her number is [phone].
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
0ennifer.burdettea-ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t" Flr Archdale Bldg — Room 942F)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Niels Lindquist [mailto:[e-mail]]
Sent: Wednesday, October 18, 2017 9:51 AM
To: Montalvo, Sheri A <[e-mail]>
Cc: Burdette, Jennifer a <[e-mail]>
Subject: Re: [External] Re: DWR Project 20170665
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you verify that the attachment and content are safe. Send all suspicious email as an attachment to
[e-mail].
Hi Sheri,
We're getting the overnight package ready to mail our check to you. Do you have a phone number for
us to provide to FEDEX?
Thanks, Niels Lindquist
On 10/17/2017 4:41 PM, Burdette, Jennifer a wrote:
Niels,
Please send the check to 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale
Bldg — Room 942D to the attention of Sheri Montalvo. No forms or letter is
necessary just include DWR Project # 20170665 in the "for" section of your
check.
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch

Department of Environmental Quality
919 807 6364 office
0ennifer.burdettea-ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg —
Room 942F)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Niels Lindquist [mailto:[e-mail]]
Sent: Tuesday, October 17, 2017 4:30 PM
To: Burdette, Jennifer a <[e-mail]>; [e-mail]; Mairs,
Robb L <robb.mairsCcDncdenr.gov>
Cc: Chuffo, Marla <[e-mail]>; Graven, Michael
<[e-mail]>; Higgins, Karen <[e-mail]>; Murphey,
Steve <[e-mail]>; Montalvo, Sheri A <[e-mail]>
Subject: Re: [External] Re: DWR Project 20170665
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you verify that the attachment and content are safe. Send all suspicious
email as an attachment to [e-mail].
Jennifer,
Thanks you for confirming the time frame for issuance of the new general
certificate. Given these dates, we would like to proceed with working under the rules of
the current general permit. I would like to overnight mail our check to DWR. To whom
should the letter be addressed and to what address should it be sent? Also, are there
any forms that we need to complete and submit with our check, our do we simply
include a letter requesting the review and note the project number.
Thanks again for your help.
Cheers, Niels
On 10/17/2017 3:47 PM, Burdette, Jennifer a wrote:
Neil,
The new general certification that will cover your activity without
written approval from the Division, as long as you are able to
comply with all of the conditions of the certification, will not be
issued until November 151h at the earliest or November 30 at the
latest.
You're welcome,
Jennifer

Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
0ennifer.burdettea-ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 91" Flr
Archdale Bldg — Room 942F)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third
parties.
From: Niels Lindquist [mailto:[e-mail]]
Sent: Tuesday, October 17, 2017 3:43 PM
To: Burdette, Jennifer a <[e-mail]>;
[e-mail]; Mairs, Robb L <[e-mail]>
Cc: Chuffo, Marla <[e-mail]>; Graven, Michael
<[e-mail]>; Higgins, Karen
<[e-mail]>; Murphey, Steve
<[e-mail]>; Montalvo, Sheri A
<[e-mail]>
Subject: Re: [External] Re: DWR Project 20170665
CAUTION: This email originated from outside of the organization. Do not click
links or open attachments unless you verify that the attachment and content
are safe. Send all suspicious email as an attachment to [e-mail].
Thank you for this information Jennifer.
Am I correct in my understanding that as of November 1, 2017 GC 4091
will be revised such that no DWR permit will be required for shellfish
leases? If this is in fact the case, with only 2 weeks before the end of
October, and with mailing times, paperwork processing, etc., it seems
our best strategy for moving forward as quickly is to wait until
November 1 and proceed without a DWR permit. But, this plan would
hinge on November 1 being that date after which the revised GC 4091
become effective. So, I guess I'm asking for a firm confirmation at after
November 1, no DWR permit is required for shellfish leases.
We greatly appreciate you time answering this question Jennifer.
Cheers, Niels Lindquist
On 10/17/2017 3:31 PM, Burdette, Jennifer a wrote:
Mr. Lindquist,

The Division commits to issuing a 401 approval
letter within 2 weeks of receiving your payment of
the $240 processing fee. We do not have the
ability to accept credit cards. Please either mail
your check to the mailing address below or send
via overnight service to the physical address. We
will email you a copy of the approval letter as soon
as it is issued.
Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting
Branch
Department of Environmental Quality
919 807 6364 office
0ennifer.burdette(a)ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC
27604 - 9t" FIr Archdale Bldg — Room 942F)
Email correspondence to and from this address is
subject to the
North Carolina Public Records Law and may be
disclosed to third parties.
From: Niels Lindquist [mailto:[e-mail]]
Sent: Monday, October 16, 2017 10:31 AM
To: Murphey, Steve <[e-mail]>;
Higgins, Karen <[e-mail]>; Montalvo,
Sheri A <[e-mail]>
Cc: Chuffo, Marla <[e-mail]>; Graven,
Michael <[e-mail]>; Burdette,
Jennifer a <[e-mail]>
Subject: [External] Re: DWR Project 20170665
CAUTION: This email originated from outside of the
organization. Do not click links or open attachments unless
you verify that the attachment and content are safe. Send all
suspicious email as an attachment to [e-mail].
Hello Ms. Higgins and Ms. Montalvo,
I'm writing to follow up on the message below that
Steve Murphey sent last Friday. As Steve notes, we are
wanting to start work on lease number 1909977 as soon
as possible. For proceeding with executing the lease
contract prior to revision of GC 4091, what actions do I

need to take to help expedite the process. If possible,
could you provide a time frame for how quickly we can
pay the required fee and get approval from DWR for
this lease?
Thank you for your help.
Sincerely, Niels Lindquist
On 10/13/2017 4:30 PM, Murphey, Steve wrote:
Karen and Sheri,
Hope you are having a good day. In
consideration of the GC 4091 revision
regarding shellfish leases, Marla sent
out letters to shellfish lease applicants
whose leases have been approved and
provided two options. This letter was
based on information provided to us by
Jennifer Burdette. The first option for
those applicants who wish to start work
right away is to apply through your
office under the current
requirements. The second option is to
wait until DWR revises the GC 4091 to
not require the fee or application.
Currently we have one applicant, Niels
Lindquist who wishes to proceed with
the process on lease number 1909977
and assigned DWR Project #
20170665. 1 have cc'ed him on this
correspondence. Could you please
notify Mike Graven and Marla as soon
as your process is complete so that we
can complete his contract and he can
start working. Niels is working on an
innovative approach to market
underutilized shellfish that could
positively impact shellfish sales in the
region for the upcoming year.
Jennifer listed that checks should be
sent to the address below. Neil's lease
is less than 1 acre and the fee was $240
according to Jennifer:
Karen Higgins
c/o Sheri Montalvo
NC Division of Water Resources
401 and Buffer Permitting Branch
7

512 Salisbury St. , Suite 942D
Raleigh, NC 27604
Both Marla and I will be out of the
office next week so if you have any
questions please contact Mike Graven
at [phone] or at the email
above.
Thank you and have a good weekend
Steve Murphey
Section Chief, Habitat and
Enhancement
Division of Marine Fisheries
North Carolina Department of
Environmental Quality
[phone] office
steve.murohev aancdenr.aov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this
address is subject to the
North Carolina Public Records Law and
may be disclosed to third parties.
Steve