20060829 Ver 1_Approval Letter_20060621

Q~Q~ WAT F9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
I- North Carolina Department of Environment and Natural Resources
~ "C Alan W. Klimek, P.E. Director
Division of Water Quality
June 12, 2006
DWQ Project # 06-0829
Craven County
Bridge Pointe Development, LLC
1315 South Glenburnie Road
New Bern, NC 28561
Subject Property: Bridge Pointe
Trent River [030410, 27-101-(39), SB, SW, NSW]
Approval of 401 Water Quality Certification (GC340O) and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with th_e attached conditions, to fill 0.0118 acres ofnon-vegetated
404 wetland (river bottom) and shade 0.0220 acres of vegetated wetland and impact 0.00 square feet (ftZ)
of Zone 1 protected Neuse River basin riparian buffer and 400 square feet (ftz) of Zone 2 Neuse River
protected basin riparian buffer for the purpose of re-development of a 16.42 acre parcel as amulti-use
site, located along the James City waterfront at the confluence of the Trent and Neuse River, as described
within your application dated May 12, 2006, and received by the N.C. Division of Water Quality (DWQ)
on May 22, 2006, with more information received by the DWQ on June 7, 2006. After reviewing your
application, we have determined that the Division of Water Quality (DWQ) General Water Quality
Certification Number 3400 covers these water impacts. This Certification allows you to General Permit
No. 198000291 when issued by the US Army Corps of Engineers (LTSACE). This letter shall also act as
your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0233. In addition, you should get or otherwise comply with any other federal, state and local
requirements before you go ahead with your project including (but not limited to) erosion and sediment
control regulations and CAMA. 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
LAMA 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 1501inear 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:
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:
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
Nom` Carolina
~~ura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Bridge Pointe Development, LLC
Page 2 of 2
June 12.2006
Amount A roved Units Plan Location or Reference
Non-ve etated 404 wetland -filled 0.0118 acres DCM Field Investi ation Re ort
Ve etated 404 wetland -shaded 0.0220 acres DCM Field Investi ation Re ort
Buffer -Zone 1 0.00 s uare feet PCN a e 11 of 12
Buffer -Zone 2 400 s ware ft. PCN a e 11 of 12
2. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
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 water
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
AWK/i~m
Enclosures: GC 3400
Certification of Completion
Sincerely,
Al W. Klimek, P.E.
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
DMF Headquarters, P.O. Box 769, Morehead City, NC 28557
Robert Chiles, P.O. Box 3496, New Bern, NC 28564
Filename: 060829B ridgePointe(Craven~01 _CAMA_NBR