20181527 Ver 2_20181527 Ver 1_Approval Letter_20190404_20200401

April 2, 2019
DWR Project #2018-1527
Pender County
Logan Development, Inc.
Attn.: D Logan
60 Gregory Road, Suite 1
Leland, NC 28451

Subject Property: Shoals at Lea’s Waterfront Subdivision- Hampstead
Approval of 401 Water Quality Certification with Additional
Conditions

Dear Mr. Logan:

You have our approval, in accordance with the attached conditions and those listed below
to perform maintenance dredging within an existing access channel of approximately 2.9
acres of shallow bottom open water area, excavation of approximately 2.2 acres of
highground area, permanent impact of approximately 0.07acres of open water RPW,
permanent impact of approximately 0.04 acres of coastal wetlands area, permanent impact
of approximately 0.44 acres of Section 404 wetlands area and temporary impact of
approximately 0.03 acres of Section 404 wetlands area in order to develop a new
subdivision and a community upland marina basin as described in your CAMA application
dated October 30, 2018, which was received by the Division of Water Resources (Division)
on November 7, 2018, and sequential information received on February 19, 2019, and
March 28, 2019.

After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use
the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers
and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, and stormwater
regulations.

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.
DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892

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 General
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
150 linear 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 on the following pages.

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:

Amount Approved (Units) Plan Location or Reference
Open Waters/Shallow Bottom
Coastal Wetlands
Section 404 Wetlands
(Permanent)
Section 404 Wetlands
(Temporary)
Stream Impacts (Permanent)
Stream Impacts (Temporary)
RPW
127,400 sq. ft. (2.9 ac.)
1, 769 sq. ft. (0.04 ac.)
19,592 sq. ft. (0.44 ac.)

1,147 (0.03 ac.)

29 LF
12 LF
69 LF
Sheets 1 through 19 dated
revised 2/18/19

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.

3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0221. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify this Office at 910.796.7215 if any turbidity
issues arise.
DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892

4. Appropriate measures should be installed prior to any land clearing activities to
protect waters and wetlands from turbidity and/ or sedimentation. These measures
should be routinely inspected, and properly maintained, and excavated materials
should be contained outside the wetland boundary. Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic
species. [15A NCAC 02H .0506 (b)(3) and (c)(3)]

5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of
the construction area on the project site shall be clearly marked (example- orange
fabric fencing) prior to any land disturbing activities and must be maintained on the
property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and
(c)(2) and 15A NCAC 02H .0507 (c)]

6. All temporary impacted areas will be restored to pre-construction natural
conditions upon completion of the project. Native vegetation shall be used for
wetland and stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. Any final construction plans for this project must include or reference the
application and plans approved by the DWR under this authorization letter and
certification.

8. The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification and shall provide each of its contractors (and/or agents) a
copy of this Certification.

9. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of
the Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.

10. The applicant/permitee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that
such standards or laws are not being met, including 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, than the Division may reevaluate
and modify this General Water Quality Certification.

11. Moratoriums
You will comply with any moratoriums per the NC Division of Marine Fisheries
and the NC Wildlife Resources Commission. Dredging moratoriums shall be
observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources,
US Fish and Wildlife and National Marine Fisheries. If such activities should take
DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892

place during periods of high biological activity, biological monitoring may be
required at the request of other state and federal agencies and coordinated with
these dredging activities.

12. The construction of the marina facility may not cause any additional closure of
shellfishing waters by Shellfish Sanitation as this would be considered a
violation of 15A NCAC 02B.201(f) and 15A NCAC 02B.0221(1). [15A NCAC
02B.201(f) and 15A NCAC 02B.0221(1)]

13. All mechanized equipment operated near surface waters or wetlands will be
regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals.
In the event of a hydrocarbon or chemical spill, the permitee/contractor shall
immediately contact the Division of Water Resources, between the hours of 8 am to
5 pm at the Wilmington Regional Office at 910-796-7215 and after hours and on
weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS
143 Article 21A]

14. Any additional impacts to streams and/or wetlands as a result of future roads,
buildings, driveways, utility lines or other development related activities within this
subdivision will require a modification of this 401 Water Quality Certification
approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]

15 Continuing Compliance:

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.

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.

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).
DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone] 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 [phone], 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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:

Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division of Water Resources under Section 401 of
the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7215 or [e-mail].

Sincerely,

Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosures: GC 4175

Emily Greer - USACE Wilmington Regulatory Field Office-Electronic Copy
DWR 401 & Buffer Permitting Branch file-LF
Courtney Spears- NCDCM Wilmington Office-Electronic Copy
LMG, Inc. c/o Steve Morrison and Greg Finch- Electronic Copy
WiRO
DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892

DocuSign Envelope ID: 0398D0A9-083B-44D3-A306-74CF90FB7892