20031643 Ver 2_Approval Letter_20150122

NCDENR
North Carolina Department of Environment and Natu4 Resources
Fat McCrory
Goverimr
January 22, 2015
Seagrove VVFInvestors
Attn: James Wallace
19O1 Eastwood Drive
Wilmington, NCZ@403
Johii E, Skvarla, III
Secretary
DVVR#O3-I043V2
New Hanover County
Subject: Approval mf Individual 401 Water Quality Certification with Additional Conditions
Seagrove Subdivision
USACE Action ID. No. SAW-2003-01262
Dear Mr. Wallace:
Attached hereto is a copy of Certification No. 3470 issued to James Wallace and Seagrove WF
Investors, dated January 22,3Ol5. This certification replaces the previous certification issued
om August J, 2004. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, including those required by /but not limited to)
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
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)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at or by calling the
OAH Clerk's Office at (919) 431-30OO for information. Apetbion 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 8:00ann and 5:00prn, excluding official
state holidays).
The petition may be faxed to the OAHat (919) 431-31OO, provided the original andonecopyof
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
401 &Buffen Permfing Unit
1617 Mail Service Center, Rale�hi, North Cardina 27699 1617
Locatiom 512 Nr Salisbury St, RaIeigh, North Carolina 27604
p»mm�e1S-W�ouu\FAKy1uu0-649w\ Customer Service: 1-877 623 6748

Seagrove WF|nveston
DVVR#U3-1643V2
Individual Certification #347U
Page 2nf8
Mailing address for the OAH:
If sending via UJPostal Service: If sending via delivery service (UPS, FedB,etc):
Office ofAdministrative Hearings Office of Administrative Hearings
6714 Mail Service Center I7l1 New Hope Church Road
Raleigh, N[37699'6714 Raleigh, NC276O9-G285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1GO1 Mail Service Center
Raleigh, N[27698-I6O1
Unless such a petition i$ filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910-796-7379 or chadxoburn2n�-qt�Loq—v
or Jennifer Burdette at 919-807-6364 or if you have any questions or concerns.
cc: David A. Syster, Southern Environmental Group, Inc., 5315 South College Rd., Ste. E,
Wilmington, NC 28412
USA[E Wilmington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRWiRO4O1file
DWR 401 & Buffer Permitting Unit file
Filename: 031643v2SeaQroveSD(NewHanover)_401—]Ldocx

Seagrove VVF Investors
DWR# 03-1643 V2
Individual Certification #3470
Page 3 of 9
CERTIFICATION #3470 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to James Wallace and Seagrove WF Investors, who have authorization for the impacts
listed below, as described within your application dated January 2, 2004 and received by the N.C.
Division of Water Resources (Division) on January 15, 2004, by Public Notices issued by the U. S.
Army Corps of Engineers on March 25, 2004 (received by the Division on March 29, 2004) and on
December 5, 2014 (received by the Division on December 10, 2014), and subsequent information
on August 5, 2004 and November 20, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.958 (acres)
0 (acres)
The following impacts are hereby approved as previously approved by an Individual
Certification issued on August 7, 2004.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
1.1 (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the previously approved and the additional after-the-fact
and proposed impacts as specified in the below. [15A NCAC 02B .0506(h)]

Seagrove VVF|nmstoo
DVVR#O3-164]VZ
Individual Certification #3470
Page 4of9
A receipt from the NC Ecosystem Enhancement Program dated November 19, 2004
indicates that 2.2 acres of wetland mitigation credits were purchased for the project.
Therefore, the Division's compensatory mitigation requirement for the project h3sbgen
met.
3. Stormwater Management Plan
You are required to provide one copy of the StVnnvvater management plan /Sk4P\approval
letter from the Division of Energy, Mining and Land Resources (DEK8LR) to the DVVR 401 &
Buffer Permitting Unit /I617 Mail Service Center, Raleigh, NC 27699-1617\ before any
innpa[±5 authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SK4P. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEK4LR.
If the SW9P i5 modified in the future, then you shall provide an approval letter for the
modifications to the DVVR 40I & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
In addition tothose plans, two pipes shall be installed as shown on the plans submitted to
the Division on August 5, 2OO4tD ensure hydraulic connection between remaining wetlands
on Sk8. 5tOnnvv8tershaU be directed tO flow in a non-erosive manner into the remaining
wetlands On Site as much as is 3||oxv8d by DEMLR's StOrnnvvJter Management Plan as
possible.
4. Please be aware that b« having impacted wetlands without first applying for and securing
the issuance of3401 Water Quality Certification, you have violated Title 15Aof the North
Carolina Administrative Code (NCA[)3H.O5OO. Title 15ANCAC2H.O5OOrequires
certifications pursuant to Section 4O1ofthe Clean Water Act whenever construction or
operation of facilities will result ina discharge into navigable waters, including wetlands, 3s
described in33 Code of Federal Regulations ([FR) Part 323. |t also states any person
desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-3I5.6/\ these violations and
any future violations are subject to a civil penalty assessment of up to a maximum of
$25,OOO.00 per day for each violation. [15ANCAC2H.050[]
Compensatory
Mitigation Required
River and Sub-basin
Number
Wetlands
2.058 (acres)
Cape Fear/03030005
A receipt from the NC Ecosystem Enhancement Program dated November 19, 2004
indicates that 2.2 acres of wetland mitigation credits were purchased for the project.
Therefore, the Division's compensatory mitigation requirement for the project h3sbgen
met.
3. Stormwater Management Plan
You are required to provide one copy of the StVnnvvater management plan /Sk4P\approval
letter from the Division of Energy, Mining and Land Resources (DEK8LR) to the DVVR 401 &
Buffer Permitting Unit /I617 Mail Service Center, Raleigh, NC 27699-1617\ before any
innpa[±5 authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SK4P. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEK4LR.
If the SW9P i5 modified in the future, then you shall provide an approval letter for the
modifications to the DVVR 40I & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
In addition tothose plans, two pipes shall be installed as shown on the plans submitted to
the Division on August 5, 2OO4tD ensure hydraulic connection between remaining wetlands
on Sk8. 5tOnnvv8tershaU be directed tO flow in a non-erosive manner into the remaining
wetlands On Site as much as is 3||oxv8d by DEMLR's StOrnnvvJter Management Plan as
possible.
4. Please be aware that b« having impacted wetlands without first applying for and securing
the issuance of3401 Water Quality Certification, you have violated Title 15Aof the North
Carolina Administrative Code (NCA[)3H.O5OO. Title 15ANCAC2H.O5OOrequires
certifications pursuant to Section 4O1ofthe Clean Water Act whenever construction or
operation of facilities will result ina discharge into navigable waters, including wetlands, 3s
described in33 Code of Federal Regulations ([FR) Part 323. |t also states any person
desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-3I5.6/\ these violations and
any future violations are subject to a civil penalty assessment of up to a maximum of
$25,OOO.00 per day for each violation. [15ANCAC2H.050[]

Seagrove VVFInvestors
DVVR#O3-1643VZ
Individual Certification #347O
Page 5of9
0O 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 for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best K43O@g2rneDt Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project areincorporatedbyreferenceand are
enforceable parts Of this permit. |l5AN[A[O2H.O501 and .O502l
6. Sediment 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. |f applicable, the project rnustcOOAplyvviththespedficCODditiOns
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements {15ANCACO2H.O5O5(b)(3) and (C)(3U:
a. 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
&Yonuo/ The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, includingcontnsctVr+}vvned or leased borrow pits
associated with the project.
b. 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.
c. Reclamation rn8aSur85 and implementation must comply with the r2c|Jrn8ti0n in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act Of1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and 5tornmvvater routing and treatment shall be on site at all times.
7. Sediment and erosion control measures shall not b2 placed in wetlands 0rwaters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent toor upstream and downstream ofthe above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months 0fthe date that the Division of Energy, Mineral and Land Resources (DEK4LR)Or
locally delegated program has released the specific area within the project. [15A N[ACO2H
.O5O1 and .O5O2]

Seagrove WFInvestors
DVVR#O3-1643VZ
Individual Certification #347O
Page 6 of 9
8. Construction Stormwater Permit NCGO10000
An NPUES Construction Stornnvvater Permit is required for construction projects that distuMb
one /l\Or more acres Ofland. This Permit allows stOrnQvvatertob2discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion &sedirnentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements isrequired. A copy ofthe general permit
(NCGOIOOOO), inspection log sheets, and other information may b8found at:
tab-w. 15ANCA[02H.0506(b)(5\8nd
9. Work in the Dry
All work iOOr adjacent tO stream waters shall be conducted So that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
10.|f concrete iSused during the construction, then all necessary measures shall be taken to
prevent direct contact between Uncured or curing concrete and waters ofthe state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due tV the potential for elevated pHand possible aquatic life/fish kills. [15ANCACO2B.0200]
11. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
Culverts required for this project 5h8Uh8inSt8Uedinsuch3rn3Dn2[thatthe original stream
profiles are not altered and bo allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal pnO#|e\
must be maintained above and below locations o{ each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) 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 nf water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects areconsLructedacrossFEK4A-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams Drwetlands.

Seagrove WF Investors
DWR# 03-1643 V2
Individual Certification #3470
zm.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
12. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
13. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
14. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
15. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
16. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website
at s. The text of
the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502]

Seagrove WF|nvestoo
DVVR#O3-1643V2
Individual Certification #347O
Page Bof9
I8. This Certification does not relieve the applicant nf the responsibility to obtain all other
required Federal, State, or Local approvals.
19. Continuing Compliance
James Wallace and Seagrove VVF Investors shall conduct construction activities inamanner
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 and Federal law. [I5ANCA[028.0I00] |f 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 Orfederal law iS being violated, Or that further conditions are
necessary t0 assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify James Wallace and Seagrove WF
Investors and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A
NCACO2H.05O3 and provide opportunity for public hearing in accordance with l5AM[AC
02H .0504. Any new or revised conditions shall bg provided to James Wallace and Seagrove
WF Investors in writing, shall be provided to the U.S. 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 4O4 Permit for the project.
20. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project oneincorporatedbyre6erence
and are en enforceable part of the Certification, |f you change your project, youn1ustnotif«
the Division and you may be required tO submit 3 new application package with the
appropriate fee. |[ the property i3 sold, the new owner must be given 8 copy Ofthis
Certification and isresponsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15ANCACO2H.O5OIand
3l The applicant and/or authorized agent shall provide 3completed Certificate ofCompletion
Form to the DVVR4O1@ Buffer Permitting Unit within ten days of project conop|etion
(available at: ).
22. This certification grants permission t0 the director, an authorized representative nfthe
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15ANCACO2H.0502(e)l
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. The
conditions in effect onthe date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15ANCACO2H .0507(d)(2) and 15AWCAC

Seagrove VVF|nvestors
DVVR#O3-1643V2
Individual Certification #347O
Page 9 of 9
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.