20100727 Ver 2_Approval Letter_20130430

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
30 April 2013
Highway 50 Development Company, Inc.
Attn: Mark Yow
PO Box 1108
Clinton, NC 28329
John E. Skvarla, III
Secretary
DWQ # 2010 0727 V2
Onslow County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
The Reserve at Holly Ridge, Holly Ridge
Dear Mr. Yow:
You have our approval for the impacts listed below for the purpose described in your after -the-
fact application dated March 5, 2013, received by the Division of Water Quality (Division)
March 22, 2013, with subsequent information on March 25, 2013. You were previously
permitted for 0.297 acres of wetland impacts on October 22, 2010. This application increases
the proposed impacts by 0.130 acres for a total cumulative impact of 0.427 acres of permanent
wetland impacts. These impacts are covered by the enclosed Water Quality General
Certification Number 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
127 Cardinal Drive Ext., Wilmington, NC 28405 None Carolina
Phone: [phone] FAX [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Acbon Employer — 50% Recycled 110% Post Consumer Paper wmally

Highway 50 Development Company, Inc.
Attn: Mark Yow
DWQ Project # 2010 0727 V2
April 30, 2013
Page 2 of 6
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
Stream
N/A (linear feet)
N/A (linear feet)
404/401 Wetlands
(acres)
(acres)
W1
0.085 ac Sht 111 & 211 (attached)
N/A
W2
0.119 ac Sht iR & 311 (attached)
N/A
W3
0.01 ac Sht 111 & 411 (attached)
N/A
W4
0.134 ac Sht 111 & 511 (attached)
N/A
W5
0.033 ac Sht 111 & 611 (attached)
N/A
W6
0.046 ac Sht 111 & 611 (attached)
N/A
Coastal Wetlands
(acres)
N/A (acres)
Open Waters
(acres)
N/A (acres)
Buffers —Zone 1
(square feet)
N/A (square feet)
Buffers —Zone 2
(square feet)
N/A (square feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. 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.

Highway 50 Development Company, Inc.
Attn: Mark Yow
DWQ Project # 2010 0727 V2
April 30, 2013
Page 3 of 6
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.
4. 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.
Any violations of this condition including turbidity and failed silt fences MUST be
reported to the Wilmington Regional Office immediately at 910.796.7215.
5. 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.
6. 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 (NCG010000) 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.uslsu /Forms Documents.htm

Highway 50 Development Company, Inc.
Attn: Mark Yow
DWQ Project # 2010 0727 V2
April 30, 2013
Page 4 of 6
7. 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.
8. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from hydrocarbons or other potential toxic
chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor
shall immediately contact the Division of Water Quality, between the hours of 8 am to 5
pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308
and after hours and on weekends call the USCG National Response
9. Any wetland impacts in the future phases of this project will be required to apply for a
modification to this permit and the proposed impacts will be considered cumulative
with ALL previous impacts.
10. You shall provide an as -built survey (either elevation shots or cross - sections), certified
by a licensed, professional land surveyor, of the restored area (to demonstrate return to
original /appropriate wetland grade) and to demonstrate the impacts to wetlands are
within the permitted quantities.
11. The restored wetland areas will need to be monitored quarterly for at least two years
for indications of instability, erosion, sloughing, plants not surviving with photo
documentation and any remediation that may be necessary. The monitoring may be
extended up to another 3 years, if the restoration sites have not adequately recovered.
12. Deed Notification /Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the
USACE) for the remaining wetlands on the property shall be included with the
Certification of Completion (see Condition #20 in GC 3890). Any mitigation required by
the USACE must also be complied with.
13. 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.
This approval and its conditions are final and binding unless contested.

Highway 50 Development Company, Inc.
Attn: Mark Yow
DWQ Project # 2010 0727 V2
April 30, 2013
Page 5 of 6
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: /Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition 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
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act
described in 15A NCAC 0500. Please contact Joanne Steenhuis at 910.796.7306 or
Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns.
Sincerely,
Ch es akild, P.E., Director
Division of Water Quality

Highway 50 Development Company, Inc.
Attn: Mark Yow
DWQ Project # 2010 0727 V2
April 30, 2013
Page 6 of 6
Enclosures: GC 3890
Certification of Completion
Attachments
cc: Ken Johnson — Charles Riggs & Associates, Inc. electronic copy
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas — DCM Morehead City
Jennifer Burdette - DWQ Webscape Unit
DWQ WiRO 401 files

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USACE: ACTION ID: SAW - 2009-01959
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