20100885 Ver 1_Approval Letter_20101109

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
November 9, 2010
TLAEC, LLC
Attn: John Holtz
3124 Lantern Way
Wilmington, NC 28409
DWQ Project # 10-0885
Onslow County
Subject Property: The Landing at Everetts Creek, Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holtz:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
0.091 acres of jurisdictional wetlands and 24 linear feet of streams for the purpose of four road crossings to access
the proposed The Landings at Everettes Creek Subdivision, as described within your application dated June 14,
2010,and received by the Wilmington Regional office on October 28, 2010,and additional information received
on November 8, 2010. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number(s) 3820 (GC3820). The Certification(s) allows you to use
Nationwide Permit 14 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 Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved
Units Plan Location or Reference
Stream 24 linear feet Wetland Impact Ma Sheet 2 of 6 (attached)
404/401 Wetlands 0.091 acres Wetland Impact Maps Sheets 1-6 attached
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
Noi thCarolina
NatArally
Customer Service 1-877-623-6748
Page Two
TLAEC, LLC
Attn: John Holtz
DWQ # 10-0885
November 9, 2010
2. Sedimentation and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications goveming 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 within 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. 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 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://l`2o.enr.state.nc.iiv/vu/Forurs Documents.htm.
Page Three
TLAEC, LLC
Attn: John Holtz
DWQ # 10-0885
November 9, 2010
6. Wetland Boundary 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;
7. Culverts in streams
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to 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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions (i.e. one culvert for the base flow and one placed
at a higher elevation for the storm flows).
8. "Re-opener" Clause
Mr. John Holtz of TLAEC, 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. Mr. John Holtz of TLAEC, 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 Mr.
John Holtz of TLAEC, 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 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.
Page Four
TLAEC,LLC
Attn: John Holtz
DWQ # 10-0885
November 9, 2010
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 15 days of lots
having been platted and recorded.
10. Construction Plans
Any final construction plans for this project must include or reference the application and plans approved
by the DWQ under this authorization letter and certification.
11. Determination of Impacts (As-Builts)
At the completion of the project, the DWQ will require a determination of the area impacted which is to
encompass the location and acreage of the impact (it can be shown on an aerial or done as a survey).
This to be included with the Certification of Completion and sent to the Wilmington Regional Office
(address on the letterhead page) and to Raleigh at 401 wetlands Unit, 2321 Crabtree Blvd. Raleigh, NC
27604-2260.
12. 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.
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.
Page Five
TLAEC, LLC
Attn: John Holtz
DWQ # 10-0885
November 9, 2010
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
Attachments
Enclosures: GC 3820
Certificate of Completion
cc: Ken Johnson - Charles Riggs and Associates
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
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404 WETLANDS
EPHEMERAL/ INTERMITTENT
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OWNERS STEENHUIS ON APRIL 29, 1010.

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