20081232 Ver 2_Approval Letter_20081211

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 11, 2008
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
PO Box 4505
Emerald Isle, NC 28594
DWQ Project # 08 1232 V2
Onslow County
Subject Property: Shadow Creek Estates Subdivision, Swansboro
Modification of Approval for 401 Water Quality
Certification with Additional Conditions
Dear Mr. Davis:
This letter rescinds and replaces the previous 401 Water Quality Certification issued to you on November
3, 2008. Your modified project request, received by the Wilmington Regional Office on December 4,
2008, has our approval, in accordance with the attached conditions and those listed below, to increase the
permanently impacted wetlands to a total of 0.11 acres of jurisdictional wetlands and decrease the stream
impact to a total of 60 linear feet of stream for the purpose of an access road and driveway, as described
within your modification request dated November 28, 2008. After reviewing your request, it has been
determined that the impacts are covered by General Water Quality Certification Number(s) 3705
(GC3705). The Certification(s) allows you to use Nationwide Permit 29 when issued by the US
Army Corps of Engineers (USACE). 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 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 below.
The Additional Conditions of the Certification are:
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:
Mailing Address Phone [phone] Location None
1617 Mail Service Center Fax [phone] N. Salisbury St. orthCazolina
Raleigh, NC 27699-1617 Raleigh, NC 27604 X9Cr711y
Internet: www.ncwatergualitv.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232 V2
December 11, 2008
Amount Approved
(Units) Plan Location or Reference
Stream 60 Linear feet Shadow Creek Estates Master
Layout supplement/impact
location map and detail maps
I of 6 and 3 & 4 of 6
attached
404/401 Wetland impacts Shadow Creek Estates Master
# 1 0.1098 ac Road Crossing Layout supplement/impact
# 2 0.004 shared driveway location map and detail maps
1 of 6 and 3, 4, 5 and 6 of 6
(attached)
2. Sedimentation and Erosion Control
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.
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 Pre-Construction Notification. 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.
Page Three
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232 V2
December 11, 2008
Deed Notifications and/or Restriction Covenants
A recorded copy of the deed notifications or the restrictive covenants or easements as
required by the US Army Corps of Engineers Wilmington Regulatory Office must be submitted
to this Office and to the 401 Oversight and Express Unit in Raleigh within 30 days of receiving
the 401 Certification or the 404 Permit which ever is later.
6. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forms Documents htm.
Culverts
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities.
Page Four
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232 V2
December 11, 2008
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 enclosed
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.
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
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: Attachment
GC 3705
Certificate of Completion
cc: Kathy Vinson - Coastal Planning Services, Inc.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Brad Shaver - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Karl Hammers - Division of Land Quality WiRO
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SCALE: 1"=30' Crystal Coast Engineering, P.A. Shadow Creek Estates
PREPARED FOR
Civil and Environmental Consulting Engineers ShadowCreek Estates, LLC
David K. Newsom, PE Swansb1. Township - Onslow County
John R. Freshwater, III, PE SCALE: t" = 30' REV: A.O. S_ 2p?pwp
DATE: June 30. 2008 Nov. 71. DQ ner nwnx
3817-3 FREEDOM WAY. HUBERT. N.C. 28539
PHONE: [phone] - FAX: [phone] PROJECT: 07-014
DRAVMN BY: JC/DKN DETAIL 1 OF 6
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15+00
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Crystal Coast Engineering, P .A.
Civil and Environmental Consulting Engineers
David K. Newsom, PE
John R. Freshwater III, PE
3817-3 FREEDOM WAY, HUBERT, N.C. 28539
PHONE: [phone] - FAX: [phone]
Shadow Creek Estates
Swansboro Township - Onslow County
SCALE. AS SHOWN REV. 1/21 08 ep r Or
DATE: _ August 25. 2008
PROJECT: 07-014
DRAWN BY:- JC/DKN SHEET. DETAIL 4 OF 6
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NC STATE UNIVERSITY i
NC State Natural Resources F=oundatio3
Campus oox S010
Raie;c:.NC 27595-80i0
M5113 7_34
October 7, 2008
Dear Ms- Vinson,
katlly B_ Vinson, AICP
Coastal Planning? Services. Inc.
P_O. Box 827 y
Morehead City, NC 28557
Thank you for your interest in purchasing mitigation credits from the Hofmann
sorest -,,tietland mitigation bank- Should Hofmann Forest wetland restoration credits be
deemed acceptable by the permitting agency for the mitigation of 0.105 acres of wetland
impacts in the construction of a subdivision road and a shared driveway for two
residential lots in the Shadow Creek Estates subdivision, we can offer you the ability to
purchase those credits in either a 1:1 or 2:1 ratio. This letter confu- s that you -,Krill be
allowed to purchase mitigation credits from the Hofmann Forest wetland mitigation bank
for as manv as 021 credits-
Please include the exact number of credits desired and your Action ID 4 in any further
correspondence. If you have any farther questions please don't hesitate to ask. Thank you
for your cooperation.
Sincerely,
._Z 7? LCD r?
David L_ Ashcraft
Constituency Development Programs
Executive Director Development and College Relations
3030' Biltmore Hall,_ Box 8010
NCSU Campus
Rakeigoh, NC 276 9 5
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SCALE: 1"=20"
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Crystal Coast Engineering, P.A.
Civil and Environmental Consulting Engineers
David K. Newsom, PE
John R. Freshwater III, PE
3817-3 FREEDOM WAY, HUBERT, N.C. 28539
PHONE: [phone] - FAX: [phone]
WETLAND IMPACT 2 - SECTION DETAIL D
Shadow Cre ek Estates
Swansboro Township - Onslow County
SCALE AS SHOWN REV.
DATE: August 25. 2008
PROJECT: 07-014
DRAWN BY. JC/DKN SHEET: DETAIL 8 OF 6