20052146 Ver 5_Approval Letter_20091014

F.KWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 14, 2009
Mr. Sheldon Tucker
Coastal Communities, Inc.
131 Ocean Boulevard West
Holden Beach, NC 28462
Re: Seawatch At Sunset Harbor Marina Village Road Crossings, Brunswick County
DWQ #20052146, Ver. 5; USACE Action ID. No. 2005-777
Atlantic Intracoastal Waterway [030759, 15-25, SA, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Tucker:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3811 issued to Mr. Sheldon Tucker of Coastal Communities,
Inc., dated October 14, 2009. This Certification replaces the Certification issued on October 12, 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/ijm
Attachments: Certificate of Completion
Sincer ,
Coleen H. Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Chad Coburn, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Noelle Winstead, Cape Fear Engineering, Inc., 151 Poole Road, Suite 100, Belville, NC 28461
Kim Williams, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
DLR, Wilmington Regional Office
Doug Huggett, DCM
Anne Deaton DMF, P.O. Box 769, Morehead City, NC 28557
Eric Galamb, NCDENR
Virginia Baker, DWQ
Rick Savage, DWQ
Filename: 052146Ver5SeawatchAtSunsetHarborMarinaV ii lageRoadCrossings(Brunswick)401 _IC_Revised
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:llh2o,enr.state.nc.us/ncwetlands/
NolthCarohna
Naturallff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Sheldon Tucker and Coastal Communties, Inc.
Page 2 of 5
October 14, 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 2H, Section .0500 to Mr. Sheldon Tucker of Coastal Communities, Inc. to fill or otherwise impact
2.05 acres of 404/jurisdictional wetlands and 80 linear feet of perennial stream in the Lumber River Basin,
associated with the construction of the 2,882-acre, planned-unit development (PUD), located along the Atlantic
Intracoastal Waterway, southwest of the intersection of Highway 211 and Midway Road in the Town of St.
James, near Southport, Brunswick County, North Carolina, pursuant to an application dated December 18, 2008,
and received by the DWQ on December 23, 2008, and by Public Notice issued by the USACE on January 16,
2009, and received by the DWQ on January 21, 2009, and all other correspondence received on February 5,
2009, April 3, 2009, April 29, 2009, May 12, 2009, September 23, 2009, October 6, 2009, and October 12, 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 and mitigation proposed in the January 8, 2009 CAMA Major Application. 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 2H .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
Impacts Approved
1. The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 80 (linear feet Application and PN
404 Wetlands 2.05 (acres) Application and PN
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:
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
Mr. Sheldon Tucker and Coastal Communties, Inc.
Page 3 of 5
October 14, 2009
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 404/40 1 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.
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;
Stormwater
4. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each
future phase must be constructed and operational before any permanent building or other structure
associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
• A State Stormwater Permit must be secured prior to ground disturbance within a proposed
phase of the Seawatch development.
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 (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. us/sulforms_Documents. htm.
Continuing Compliance
Mr. Sheldon Tucker and Coastal Communities, 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
Mr. Sheldon Tucker and Coastal Communties, Inc.
Page 4 of 5
October 14, 2009
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. Sheldon Tucker and/or Coastal Communities, 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. Sheldon Tucker and/or Coastal Communities, 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.
Deed Restrictions
7. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office
of the Register of Deeds prior to the sale of any lot. The deed restrictions must include the following
condition:
Stormwater runoff from impervious surfaces within drainage areas that will drain to the two
Carolina Bay's (Easement Areas 32, 35, 54, 56 and 57) must be collected and treated in
engineered stormwater treatment systems designed to reduce the nutrient load. These stormwater
treatment systems must control and treat the runoff from all surfaces generated by one and one-
half inches of rainfall or the difference in the stormwater runoff from all surfaces from the
predevelopment and postdevelopment conditions from a one- year, 24-hour storm, whichever is
greater. All inflow into the wetland must be at non-erosive velocities. In addition, these
stormwater treatment systems must be constructed, operated and maintained as provided in the
most recent version of DWQ's stormwater BMP manual. Monitoring must be done on this
wetland at two locations for 10 (ten) years following development activities in the drainage area
to the wetland. These two locations must be approved by DWQ and be in the northern and
southern part of the bay. This monitoring must be done on an annual (A) or semi-annual (SA)
basis for the following parameters: vegetation (every five years with annual reporting on the
percent cover of trees and shrubs within the permanent study plots), amphibians (A), aquatic
macrobenthos (every other year), water chemistry (SA) when water is present and hydrology
(reported SA with a well that records at daily intervals). This sampling must mirror the sampling
done by DWQ for the past three years in order to allow a comparison of the hydrological,
chemical and biological effects of the stormwater. All water chemistry analyses and
macrobenthos identification must be done by North Carolina certified laboratories. Written DWQ
approval is needed for an exact monitoring plan before development occurs within the drainage
area. Monitoring will begin when construction of the first house begins in the drainage area and
continue for ten (10) years. After five (5) years, the applicant may petition DWQ for a reduction
in the frequency of monitoring based on the data collected to date. Annual, written reports must
be provided to DWQ by March 31" of each year to the Division's Central and Wilmington
Regional Offices. These reports must summarize all the date collected to date and compare these
data to the baseline data collected by DWQ. These reports must also report the approximate
percent impervious surfaces in the drainage area and have a narrative discussion of any changes to
the development site plan in the drainage area. Data from the monitoring will be compared to the
baseline data that DWQ has collected in order to determine whether any adverse impacts are
occurring or have occurred. Please note that the development will not be held responsible for any
adverse impacts on the wetland as long as all other conditions of this Certification are complied
with including the provision for design, construction, operation and maintenance of the
stormwater treatment systems as noted above in this condition.
Additionally, future request for wetland fill within the Seawatch development will be subject to
the agreements and maps submitted to the DWQ on October 6, 2009, and October 12, 2009.
Mr. Sheldon Tucker and Coastal Communties, Inc.
Page 5 of 5
October 14, 2009
Mitigation:
8. Compensatory Mitigation Using the Stone Farm 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 Stone Farm Mitigation Bank to meet this mitigation requirement. This
has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
Stone Farm Mitigation Bank receives and clears your check no impacts specified in this Authorization
Certificate shall occur. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Stone Farm
Mitigation Bank to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 2.05 (acres) Lumber River/03040207
9. 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 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 14th day of Octobe 09
DIV NO F AT ITY
Coleen H. Sullins
CHS/cbk/ym
3811