20070397 Ver 1_Approval Letter_20070316

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 16, 2007
DWQ Project # EXP 07-0397
Pender County
Frieze Enterprises
Attn: Mr. Gordon Frieze
5710 Oleander Drive
Wilmington, NC 28403
Subject Property:
Hampstead Commercial Development
Old Topsail Creek [030624, 18-87-12, SA, HQW]
Approval of 401 Water Quality Certification with Additional Conditions -Express Review
Program
Dear Mr. Frieze:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.46 acres of wetland for the purpose of constructing the residential
subdivision, as described within your Pre-construction Notification Application dated March 8, 2007.
The impacts are covered by General Water Quality Certification Number 3402. The Certification allows
you to use Nationwide Permit NW39 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, and
Non-discharge 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 Permit.
This 401 Certification is conditional upon approval of the coastal stormwater plan for this project.
This approval is for the purpose and design that you described in your original request (PCN dated March
8, 2007). 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 1 SO linear feet of stream, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). This written approval requires you to
follow the conditions listed in the attached Water Quality Certification (GC 3402) and the
additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto~//h2o.encstate.nc.us/ncwetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Hampstead Commercial Properties
Page 2 of 4
March 16, 2007
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 are met. No other impacts are approved including incidental
impacts:
Im act T e Amount A roved (Units) Plan Location or Re erence
Wetland ermanent 0.46 acres March 8, 2007 PCN a e 8
Wetland (tem ora ) 0.07 (acres March 8, 2007 PCN a e 8
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 and authorized by this
approval letter. 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. 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 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.
b. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
written approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then 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 downstream of the above structures. All devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources has
released the project.
5. 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 to ensure compliance with 15A
NCAC 2B .0233 and GC 3402.
6. Construction stormwater Permit NCGO10000
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

Hampstead Commercial Properties
Page 2 of 4
March 16, 2007
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 are met. No other impacts are approved including incidental
impacts:
Im act T e Amount A roved nits) Plan Location or Re erence
. Wetland ermanent 0.46 acres March 8, 2007 PCN a e 8
Wetland (tem or ) 0.07 (acres March 8, 2007 PCN a e 8
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 and authorized by this
approval letter. 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.
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 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.
b. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
written approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then 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 downstream of the above structures. All devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources has
released the project.
5. 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 to ensure compliance with 15A
NCAC 2B .0233 and GC 3402.
6. Construction stormwater Permit NCGO10000
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

Hampstead Commercial Properties
Page 3 of 4
March 16, 2007
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/su/Forms Documents.htm.
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the Wilmington Regional Office Surface Water
Protection Unit (127 Cardinal Drive Extension, Wilmington, NC 28405) within 60 days of the
issuance of the 401 Water Quality Certification. The stormwater management plans shall be
approved in writing by the Wilmington Regional Office before the impacts specified in this
Certification occur per Condition No. 4 in GC No. 3402. The stormwater management plan must
include construction plans, specifications, stormwater BMP worksheets, and supporting
calculations. The stormwater best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied at the subject
site, the facilities (as approved by the Wilmington Regional Office) shall be constructed and
operational, and the stormwater management plan (as approved by the Wilmington Regional
Office) shall be implemented. The structural stormwater practices as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this
permit may be considered to meet this condition.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in
flowing water.
9. Deed Restrictions
Deed restrictions shall be placed on all retained jurisdictional wetlands and waters as proposed on
page 11 of the PCN submitted on March 6, 2007. These mechanisms shall be put in place prior to
impacting any wetlands and/or waters approved for impact under this Certification Approval.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and any
subsequent modifications, the applicant is required to return the attached certificate of completion
to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
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

Hampstead Commercial Properties
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March 16, 2007
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 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 150B 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 Lia Myott or Cynthia Van Der Wiele at 919-733-1786.
AW K/cvdw/lem
Enclosures: GC 3402
Certificate of Completion
Sincerely,
~« --?~
Alan W. Klimek, P.E.
cc: Ronnie Smith, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Kevin Yates, John R. McAdams Co., 2905 Meridian Parkway, Durham, NC 27713