20060353 Ver 1_Approval Letter_20070424

MAY-03-2007 THU 11 45 AM NCDENR FAX N0, 9103502004 P, 02
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Michael r. Faslc}~, Governor
William G, lZass Jr„ Secretary
North Carolina t5cpnrtment of Envirnnnxnt and Natural Rcsourcns
AIFm W~ Klimek, P.G. Director
[11vSion o{' Watar Quality
April 24, 2007
DWQ Project # 460353
t~tvnswiclc County
Mr. S. h+lark Rogers, 1/xecutive Vice President
Land Resources Companies
2000 RiverEdge Parkway, Suite 580
Atlanta, Georgia, 30328
Subject Property: River Sea Plantation
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rogers:
'You harrc; our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherv~~ise impact 0.169 acres of Section a0~ Wetlands for the purpose o[' constructing a road crossing for a
residential development, and to dredge 536 square feet of Coastal Wetlands and 406 square feet of Open Water
for the purpose qf' constructing a community boat ramp at the subject property, as described within your
application dated March 7, 2007 and received by the N.C. Division of Water Quality (DWQ) on .March 2, 2006
and additional information received on December 24, 2006 and April 11, 2007. After reviewing your application,
we have decided that the impacts are covered by General 'Water Quality Certification Number(s) 3642 {GC3642}.
The Certification allows you to use the LAMA Major Permit when issued by the Division of Coastal
Management. In additYOn, you should obtain or othervuise comply with any other required federal, state ar local
permits before you go ahead with your project includin6 (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 LAMA
Permit.
This approval is for the purpose and dCSign that you described in your application. If you change your project,
you must notify us Find you may be required to send us a new application. If the property is said, the new owner
must be given a copy of this Certif cation and approval letter and is thereby responsible for complying with al]
conditions. If total fills for this project (now ar in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described itt 1SA NCAC 2H .a506 (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
North Carolina t]ivision oI Water t]uai:ty 127 Cardinal Drive F_xtenslon Phone (914}796-X215 Cuslorner Senrice7$77$23~6748
Wilmington Ragbnal 0lflce WUmirgton, NC 28gg5-3685 FAX {910) 352004 Internet: www.ncwaterquality.org ~
An Equal OppoAunltylAHlrmative Acticn Empbyer~ 5i]°~L Recyded110",6 PostConsumer Paper _~rth~arOlllla
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification {or Isolated ~'Vetland Permit} are m~;t. No other impacts are approved including
incidental impacts:
Amount A roved Units Plan Location or Reference
Stream NIA feet}
401 Wetlands 0.169 (acres Road Crossin #l
Coastal Wetlands 536 (s uare feet Boat ram
O en Water 406 5 uare feet} Boat Ram
a~~rd u
MAY-3-2D07 THU 11:45 TEL:[phone] NAME:DWQ-WETLANDS P. 2

MAY-03-2007 THU 11;45 AM NCDENR
~. Erosion & Sediment Control Practices
FAX N0. 9103502004 P. 03
Land Resources Companies
Page 2 of 3
April ?4, ?007
Erosion and sediment control practices must be in full compliance with all speeii'teations governing the
proper design, installation and operation and maintenance of such Best Management Yraetices in order to
protect surface waters standards:
a. The erasion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North G'arolina Sediment anal E~°osion
Control Planning and Desi,Qn Manual.
b. 'Fhe 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 wasto pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the: erasion and sediment control measures must be designed, ittistalled, operated,
and maintained in accordance with the mast recent version of tl~e North Carolina Surface Mining
Mant~al.
d. The reclamation measures and implementation must comply with the recia.mation in accordance with
the requirements of the Sedimentation Pollution Conl'ro] Act.
3. Construction Starmwater 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 VPDLS
General stormwatcr permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to bc; discharged during land disturbing construction activities as
stipulated by conditions in the pernut. If your project is covered by this permit [applicable to
construction projects that disturb one (I) or mare acres], full compliance with permit conditions including
the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required.
A copy of this pernvt and monitoring report forms may be found at
htt~ ~//hln cnr state.nc. ur/sit/fiorms Dnoiunents,hrm.
4- Na 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 itrtpacts depicted in the Pre-Construction Notification. All construction activities, including
the di:sign, 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.
S. No Sediment & lrrosion Control Measures w/n Wetlands or Waters
Sediment and erasion 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 si.~c months of the date khat the Division of
Land Resources has released the project.
G. Stormwater Runoff at Baat Ramp and Parking Facility
All runoff from the boat ramp parking and turnaround area must be dir4ctcd away from the boat ramp and
sheet flow through a vegetated area prior to discharging to surface waters.
MAY-3-2087 THU 11:45 TEL:[phone] NAME:DWQ-WETLANDS P. 3

MAY-03-20D7 THU 11 45 AM NCDENR
7. Road Crossing Culvert
P. 04
i.and Resources Companies
page 3 of 3
April 24, 2007
Placeinenl' of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of Che 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 aquatio 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,
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 401lWetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Cen1cT, Raleigh, NC, 27699-1650.
peed Restrictions
A recorded copy of the deed restrictions and the associated preservation map approved by the US Army
Corps of Engineers Wilmington Regulatory Office must be submil'ted iA this Office artd to the 401
pversight and Express Unit in Raleigh before the impacts to wetlands approved by this Certification can
take place.
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 t:a 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 far an adjudicatory hearing. Yau must act within 60 days of the date that you receive this
letter. t'o ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27b99-6714.
This certification and its conditions are final and binding unless you ask far a hearinb.
This letter completes the review of the pivision of Vl7ator Quality under Section 401 of the Clean Water AcC. 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 Ot~fice at 910-79b-7215.
Sin y,
Alan W. Klimek, P.E.
Enclosures: GC 3642
Certificate ofCompletion
cc; Steve Morrison, Land Management Group
Henry Wicker, USAC)E Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional OfI-ice File Copy
Julie Darr, DLR Wilmington Regional Office
Doug Il.uggett, DCM Morehead City
Aebta Wilson, DCM Wilmington
Central ]Files
FAX N0. 9103502004
Fi lenamc: 06t]353 {GC3642), aptfl7
MAY-3-2007 THU 11:46 TEL:[phone] NAME:DWQ-WETLANDS P. 4