20051766 Ver 2_Approval Letter_20100603

Beverly Eaves Perdue
Governor
Ogden Highway, LLC
Attn: Tom Tucker
315 Friday Drive
Wilmington, NC 28411
Subject Property:
Dear Mr. Tucker:
Coleen H. Sullins Dee Freeman
Director Secretary
June 3, 2010
DWQ Project # 05 1766 V2
Onslow County
Sterling Farms Subdivision, Jacksonville
Approval of 401 Water Quality Certification with Additional Conditions
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
0.158 acres of wetlands for the purpose of completing the subdivision roads and infrastructure, as described
within your application dated May 19,.20 10 and received by the Wilmington Regional office (WiRO) on May 25,
2010 and additional information received on June 3, 2010. After reviewing your application, it has been
determined that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). This
Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. The
Certification(s) allows you to use Nationwide Permit 29 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 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. Additional wetland
impacts that may cause the impacts to exceed the 0.5 acre threshold will be required to be submitted as
an Individual Permit 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 on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington. NC 28405
Phone: [phone] / FAX: [phone]
Internet: wvvw.ncwoterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
North Carolina
Nahmally
Customer Service 1-877-623-6748
Page Two
Ogden Highway, LLC
Attn: Tom Tucker
DWQ # 05-1766 V2
June 3, 2010
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
Wetlands 0.158 acres Site plan showing wetland impacts, proposed
wetland impact # 1, # 2 and # 3
Moonstone Dr Sta 41 & 42, Amethyst Ct Sta
5 & 6 and 8 & 9 profile views(attached)
Stream N/A
2. 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.
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.
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.
4. 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.
Page Three
Ogden Highway, LLC
Attn: Tom Tucker
DWQ # 05-1766 V2
June 3, 2010
5. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved tinder 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 wetland or water prior to any land disturbing;
6. Culvert Installation
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions and allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant
is required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ.
If any of the existing pipes are or become perched, the appropriate stream or wetland
grade shall be re-established or, if the pipes are installed in a perched manner, the pipes
shall be removed and re-installed correctly.
7. 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 daring 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.enr•.state.rtc..trsisiill?'or_trt Docinnentsatni (enclosed).
Page Four
Ogden Highway, LLC
Attn: Tom Tucker
DWQ # 05-1766 V2
June 3, 2010
"Re-opener" Clause
Ogden Highway, LLC and its authorized agents shall conduct its 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 federal law.
Ogden Highway, LLC shall require its 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. A copy of this Certification shall be included in the construction contract and
available on the job site at all times. If DWQ 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, DWQ 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,
DWQ shall notify Ogden Highway, LLC 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 Ogden Highway, LLC
in writing, and 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.
9. Deed Notifications and/or Restrictions
A recorded copy of the deed notifications/restrictive covenants or easements and the associated
preservation map approved by the US Army Corps of Engineers Wilmington Regulatory Office must be
submitted to this Office and to the 401 Oversight and Express Unit in Raleigh within prior to the sale of
lots within this phase.
10. Determination of Impacts
At the completion of the project, the DWQ can require a determination of the area impacted which is to
encompass the location and acreage of the impacts (it can be shown on an aerial or done as a survey). This
is to be included with the Certification of Completion and sent to the Wilmington Regional Office (address
on the letterhead page) and to Raleigh (address below).
11. 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.
Page Five
Ogden Highway, LLC
Attn: Tom Tucker
DWQ # 05-1766 V2
June 3, 2010
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 adj udicatory 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.
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 Ian McMillan in the Central Office in Raleigh at 919.733.1786 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3821
Certificate of Completion
cc: Kim Williams - Land Management Group, Inc.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO
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