20110294 Ver 1_No Written Concurrence_20110429

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
April 29, 2011
DWQ Project #: 11 0294
Carteret County
Compass Landing Apartment Homes, LLC
Attn: Thomas F. Taft, Sr.
PO Box 556
Greenville, NC 27835
Subject Property: Compass Landing Apartment Homes, Newport
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Taft:
You have our approval, in accordance with the attached conditions, to install water and sewer lines and
impact an isolated wetland for the construction of the stormwater pond, as you described in your Pre-
Construction (PCN) application dated March 16, 2011 and received by the Division of Water Quality
(DWQ) Wilmington Regional Office (WiRO) on March 30, 2011. After reviewing your application, we
have decided these impacts are below the threshold for written authorization as long as all conditions of
General Water Quality Certification Number 3819 (GC 3819) and the Isolated Wetland General Permit
100000 (IWGP 100000) are met. These Certifications allow you to use the Nationwide permit 12 (NW
12) when issued by the US Army Corps of Engineers. 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.
This approval is only valid for the purpose and design that you described in your application (see
attached drawings). The approved plans and specifications for this project are incorporated by reference
and are an enforceable part of the permit. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity/Affirmative Action Employer
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Customer Service 1-8W7-623-6748
Page Two
Compass Landing Apartment Homes, LLC
Attn: Thomas F. Taft, Sr.
DWQ # 11 0294
April 29, 2011
Conditions of Certification:
1) No Sediment and Erosion Control Measures in Wetlands - 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 or
locally delegated program has released the project.
2) 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.
3) Determination of Impacts
At the completion of the project, the DWQ will require a determination of the area impacted
which is to encompass the location and acreage of the impact (it can be shown on an aerial or
done as a survey). This to be included with the Certification of Completion and sent to the
Wilmington Regional Office (address on the letterhead page) and to Raleigh (address below).
4) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the enclosed conditions
of GC 3819 are followed.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters
impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty
(30) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
Page Three
Compass Landing Apartment Homes, LLC
Attn: Thomas F. Taft, Sr.
DWQ # 11 0294
April 29, 2011
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 at 919.807.6364 or myself in the Wilmington
Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures
GC 3819
IWGP 100000
Certificate of Completion
cc: Ron Cullipher - Stroud Engineering, PA
Christy Wicker - USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
Stephen Rynas - DCM Morehead City
WiRO
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