20061274 Ver 1_Approval Letter_20061103

~~~~ W A T~~~~ Michael F Easley, Grrvcrnor
~ William G. Ross Jr ,Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~_ ~
p Y Alan W. Klimek, P.F. llirector
Division of Water Quality
November 3, 2006
DWQ Project # 20061274
Pender County
Mr. Brian D. Dilsheimer, Managing Member
DCNC North Carolina I, LLC
2528 Independence Blvd.
Wilmington, NC 28401
Subject Property: The Village at Turtle Creek
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dilsheimer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.41 acres of wetlands for the purpose of constructing road access for a
residential subdivision at the subject property, as described within your application dated August 4, 2006
and received by the N.C. Division of Water Quality (DWQ) on August 6, 2006, and additional
information received on September 18 and September 27, 2006. After reviewing your application, it has
been deternlined that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army
Corps of Engineers (USAGE). 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. 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.
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 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 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 PeI-mit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands 0.41 (acres) Impacts 1 - 9 (road crossings)
Waters N/A (acres
Buffers N/A (s ware ft.)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877$23-6749
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterguality.o~ Otte
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper North Car01111a
~atur~rllt~

DCNC North Carolina I, LLC
Page 2 of 4
November 3, 2006
2. Erosion ~. Sediment Control Practices
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 Caroliru~
Sediment and Erosion Control Planrairrg avid Design ~Llanual.
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 F.rosio~i 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
Su~,face 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
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.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
5. 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,
1550 Mail Service Center, Raleigh, NC, 27699-1650.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.

vCNC North Carolina I, LL.`
Page 3 of 4
November 3, 2006
7. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands present
as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers.
The wetland boundary identification (flagging, fencing, etc.) must be maintained on each lot until
the iot is sold.
Construction stormwater Pcrnlit NCGO 10000
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 (NCGO10000) 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 ht~:/,~h2o.en~~.st~tte.nc.us/su%Forms D~ct.une~r[s.htr~t.
Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
10. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. "I~hese mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate.
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 LAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream 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 150I3 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.

DCNC 1~orth Caro?ina I, LLC
Page 4 of 4
November 3, 2006
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 Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,
AWIC~'n~nl
Enclosures: GC 3402
Certificate of Completion
cc: Josh Witherspoon, Environmental Services, Inc.
Brad Shaver, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office
Trentt James, DLR Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Central Files
Filename: 0(1274 nov.06