20081042 Ver 1_Approval Letter_20090403

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 3, 2009
Mr. Joseph Boan
Commercial Property Analysts
1437 Military Cutoff Road
Suite 201
Wilmington, NC 28403
Re: Surf City Commons, Pender County
DWQ Project # 20081042; USACE Action ID. No. 2004 01045
Virginia Creek [030624,18-87-9, SA, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Boan:
,
Sincerely
#-Coleen Sullins
Attached hereto is a copy of Certification No. 3789 issued to Mr. Joseph Boan of Commercial Property
Analysts, Inc., dated April 3, 2009. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion
Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Ym
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Kim Williams, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
Ronnie Smith, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Trentt James, DLR, Wilmington Regional Office
Doug Huggett, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC 28557
File Copy
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:/Ih2o,enr.state.nc.us/ncwetlands/
Dee Freeman
Secretary
Filename: 081042SurfCityCommons(Pender)401 _IC
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Commercial Property Analysts
Page 2 of 6
April 3, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211, Section .0500 to Mr. Joseph Boan of Commercial Property Analysts, Inc. to
fill 5.33 acres of jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of
Surf City Commons in Pender County, North Carolina, pursuant to an application filed on the 1st day of
July of 2008, and in additional correspondences received on November 10, 2008, December 9, 2008 and
February 24, 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 21-1.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved nits Plan Location or Reference
Stream N/A N/A
404/401 Wetlands 5.33 acres Wetland Permit Drawings
Sheet 2 - 10 of 10)
Plats received on 2/24/2009
Waters N/A N/A
Buffers N/A N/A
Sediment and Erosion Control:
2. 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:
Commercial Property Analysts
Page 3 of 6
April 3, 2009
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.
3. 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 404/401 Permit 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. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds
or banks, adjacent to or upstream and down stream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released
the project.
5. Construction Stormwater Permit NCG010000
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 (NCGO 10000) 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.
6. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement), must be implemented and the stormwater management facilities shall
be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by State Stormwater of the Division of Water Quality
as well as drainage patterns must be maintained in perpetuity. No changes to the structural
Commercial Property Analysts
Page 4 of 6
April 3, 2009
stormwater practices shall be made without written authorization from the Division of Water
Quality.
Continuing Compliance:
7. Mr. Joseph Boan and Commercial Property Analysts, Inc., shall conduct construction activities in
a manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such standards or laws are not being
met (including the 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, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Joseph Boan and Commercial Property
Analysts, Inc. and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. Joseph Boan and Commercial
Property Analysts, Inc. in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project;
Mitigation:
8. Compensatory Mitigation Using the Hofmann Forest Wetland Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Hofmann Forest Wetland Mitigation Bank
administered by the NC State Natural Resources Foundation, Inc., to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the NC State Natural Resources Foundation, Inc. receives and
clears your check, no impacts specified in this Authorization Certificate shall occur. The NC
State Natural Resources Foundation, Inc. should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have one month from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the NC State Natural Resources Foundation, Inc. to meet the following
compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream N/A (feet)
Wetlands 5.33 acres CPF24 (18-87-9)
Waters N/A (acres)
In addition, the remaining 22.76 acres of jurisdictional wetlands within the project limits must be
placed in permanent preservation. Restrictive Covenants for the on-site preservation must be
recorded. Language used to accomplish this preservation must be approved by the USACE prior
to recording. Preservation of the wetlands described above in addition to payment to the NC
State Natural Resources Foundation, Inc. will satisfy DWQ's mitigation requirements. A copy of
the recorded documents and associated maps must be provided to DWQ's Wilmington Regional
Office and 401 Oversight Unit in Raleigh prior to impacting any wetlands on the subject property.
Commercial Property Analysts
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April 3, 2009
Road Crossings:
9. Placement of culverts and other structures in waters, and streams 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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Other conditions:
10. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
11. Wetland Boundary Identification
The wetland boundary must be clearly identified on the remaining have jurisdictional wetlands
present as depicted on the jurisdictional determination map signed by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
the property until the project is built out or the lot is sold.
12. Protective Fencing
The outside 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.
13. Sewer Systems
The project shall comply with I5A NCAC 2H .0219(i)(2)(G) and all other State, Federal and
local sewer system regulations.
14. 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.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
Commercial Property Analysts
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April 3, 2009
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 3rd day of April 2
DIVIS N O .E1 R ITY
oleen Sullins
CHS/cbk/?m
3889