20120025 Ver 1_Approval Letter_20120307

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MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild P E
Director
March 7, 2012
Sea Wynde Plantation Phases I & III
The Bank of Hampton Roads
Mr Mark Bowles
2235 Gateway Access Point Suite 200
Raleigh NC 27607
Dee Freeman
Secretary
Brunswick County
DWQ Project # 12 0025
Subject Property Sea Wynde Plantation Phases I & III (After- The -Fact)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Bowles
You have our approval in accordance with the attached conditions to permanently impact 0 14
acres of 404 Wetlands in Phase I to restore 0 22 acres of 404 wetlands in Phase I and to restore
5 61 acres of 404 wetlands in Phase III as described in your application received by the N C
Division of Water Quality (DWQ) on January 10 2012 After reviewing your application it has
been determined that the impacts are covered by General Water Quality Certification Number
3687 (GC3687) This Certification replaces the one issued on May 15 2009 and can be found
on line at http //h2o enr state nc us /ncwetlands
The Certification(s) allows you to use Nationwide Permit 32 when issued by the US Army Corps
of Engineers (USACE) 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 protect 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 1501mear 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
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] l Customer Service 1877-623-6748
Internet www ncwatemuality ora
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
N%turdtlly

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Sea Wynde Phases I & III
Brunswick County
2012 0025
The Additional Conditions of the Certification are
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
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 preconstruction notification
application 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 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
prod ect
4 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 (NCG010000) 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 protect 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 //portal ncdenr org/web/wq/ws/su/construction
5 Sewer Systems
The protect shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State Federal
and local sewer system regulations
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0 14 (acres — Phase I)
Page 5 of 12 in PCN
(permanent impacts)
404 Wetlands
5 83 (acres — Phase I &
Page 3 of 11 in PCN
restoration
Phase III)
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 preconstruction notification
application 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 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
prod ect
4 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 (NCG010000) 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 protect 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 //portal ncdenr org/web/wq/ws/su/construction
5 Sewer Systems
The protect shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State Federal
and local sewer system regulations

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Sea Wynde Phases 1 & III
Brunswick County
2012 0025
6 Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometnc Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion
control practices must be used to meet this standard
7 State Stormwater
In order to prevent unauthorized impacts to wetlands in the future, the State Stormwater
Permit for each phase must be updated prior to development of that phase in order to
accurately reflect the wetlands contained within each phase
8 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
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
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 919 807 6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 796
7215
Sincerely
Char e's Wakild P E , Director
Division of Water Quality

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Sea Wynde Phases 1 & III
Brunswick County
2012 0025
Enclosures GC 3687
Certificate of Completion
cc Kin Williams — Land Management Group Inc P O Box 2522 Wilmington NC 28402
Jennifer Frye — USACE Wilmington Field Office
Ian McMillan — DWQ 401 Oversight and Express Unit
Dan Sams — DLR WIRO
WIRO

Water Quality Certification No 3687
Water Quality Certification Number 3687 is issued in conformity with the requirements of Section
401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H Section 0500 and 15 NCAC 26
0200 for the discharge of fill material to waters and wetland areas which are waters of the United
States as described in 33 CFR 330 Appendix A (B) (3 4 5 6 7 19 20 22 25 30 32 and 36) of
the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B 0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217
if conducted in accordance with the conditions hereinafter set forth
Activities meeting any one (1) of the following thresholds or circumstances require wntten
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division ")
a Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location or
b Temporary or permanent impacts equal to or exceeding one third (1/3) acre of
wetlands East of Interstate 95 or one tenth (1/10) of acre of wetlands West of
Interstate 95 or
c Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and /or the Division of Land Resources or
d Projects with any impacts to streams wetlands and /or waters that have received a
Notice of Violation from the Division and /or Division of Land Resources or
e Any impacts to streams and /or buffers in the Neuse Tar Pamlico Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) unless the activities are listed as
EXEMPT from these Rules
In accordance with North Carolina General Statute Section 143 215 3D(e) written approval for a
401 Water Quality General Certification must include the appropriate fee If a protect also
requires a CAMA Permit then one payment to both agencies shall be submitted and will be the
higher of the two fees
Activities included in this General Certification and below the thresholds listed above do
not require written approval from the Division of Water Quality as long as they comply with
the Conditions of Certification listed below If any of these Conditions cannot be met
written approval from the Division is required
Water Quality Certification No 3687

Water Quality Certification No 3687
Conditions of Certification
1 No Impacts Beyond Those Authorized for this General Certification
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas
beyond the thresholds established for use of this General Certification or beyond the
footprint of the impacts authorized in the written approval including incidental impacts 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
2 Standard Erosion and 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
a 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 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
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner
e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs)
Trout (Tr) SA WS 1 WS II High Quality (HOW) or Outstanding Resource (ORW)
waters then the sediment and erosion control requirements contained within Design
Standards in Sensihve Watersheds (15A NCAC 04B 0124) supercede all other sediment
and erosion control requirements
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval from the Division if placement of
sediment and erosion control devices in wetlands and waters is unavoidable then the 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 down stream of the above structures All sediment and erosion control devices
shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project
4 Construction Stormwater Permit NCG010000
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 (NCG010000) administered by the Division 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 the
Water Quality Certification No 3687 2

Water Quality Certification No 3687
activity 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
htta 11h2o enr state nc us/su/Forms Documents htm
NCDOT shall be required to be in full compliance with the conditions related to construction
activities within the most recent version of their individual NPDES (NCS000250) stormwater
permit
5 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 Exceptions to this condition require submittal to and approval
by the Division
6 Construction Moratoriums and Coordination
If activities must occur during penods of high biological activity (i a sea turtle or bird nesting)
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities This condition can be waived through written
concurrence on a case by case basis upon reasonable justification
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC) US Fish and Wildlife Service ( USFWS) NC Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to protect trout anadromous fish
larval /post larval fishes and crustaceans or other aquatic species of concern shall be
obeyed This condition can be waived through written concurrence on a case by case
basis upon reasonable justification
Work within the twenty five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC
USFWS NMFS personnel
7 Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected 50 foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse Tar Pamlico Randleman Catawba (or any other basin with buffer
rules) shall be limited to uses identified within and constructed in accordance with 15A
NCAC 2B 0233 0259 0250 and 0243 and shall be located designed constructed and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices All riparian area protection rule
requirements including diffuse flow requirements must be met
8 Water Supply Watershed Buffers
The 100 foot wide (high density development) or the 30 foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B 0212 through
0215]
Water Quarry Certification No 3687

Water Quality Certification No 3687
9 Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i a not result
in head cuts)
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows
Existing stream dimensions (including the cross section dimensions pattern and longitudinal
profile) must be maintained above and below locations of each culvert Placement of culverts
and other structures in waters streams and wetlands 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 unless otherwise justified and approved by the
Division
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally when
roadways causeways or other fill projects are constructed across FEMA designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained
The establishment of native woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods
10 If concrete is used during the construction then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life /fish kills
11 Applications for nprap groins proposed in accordance with 15A NCAC 07H 1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H 1405
12 Temporary Fills and /or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade including each stream s original cross sectional dimensions plan form pattern and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing which ever is sooner and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion If the crossings are not completely removed and
restored as described above within the specified time above then written approval from the
Division must be obtained to modify this condition
Water Quality Certification No 3687 4

Water Quality Certification No 3687
13 For activities requiring written approval additional site specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards
14 Certificate of Completion
When written authorization is required for use of this certification upon completion of all
permitted impacts included within the approval and any subsequent modifications the
applicant shall be required to return the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center Raleigh NC 27699 1650
15 If an environmental document is required under NEPA or SEPA then this General
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse
16 This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits In accordance with General Statute 13644 7B certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit The
conditions in effect on the date of issuance of Certification for a specific project shall remain
in effect for the life of the project regardless of the expiration date of this Certification If the
construction process for approved activities will overlap the expiration and renewal date of
the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit then
the General Certification shall also remain in effect without requiring re application and re
approval to use this Certification for the specific impacts already approved
17 The applicanttpermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federal Law If the Division determines that such standards or laws are not being
met including 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 then the
Division may reevaluate and modify this General Water Quality Certification
Non compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this General Certification for the project and may result in criminal and /or
civil penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public s best interest by the Director of the North Carolina
Division of Water Quality
Water Quality Certification No 3687

Water Quality Certification No 3687
Effective date November 1 2007
DIVISION OF WATER QUALITY
By
ColLHSullin
Director
History Note Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18 2002 Water Quality Certification Number 3494 issued
December 31 2004 and Water Quality Certification Number 3624 issued March 2007 This
General Certification is rescinded when the Corps of Engineers re authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality
Water Quality Certification No 3687 6

Certification of Completion
DWQ Project No County
Applicant
Project Name
Date of Issuance of Wetland Permit
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit
North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be
returned to DWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send
certificates from all of these
Applicant's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules the approved plans and specifications
Date
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications
Date
If this project was designed by a Certified Professional
1 as a duly registered Professional (i a Engineer
Landscape Architect Surveyor etc ) in the State of North Carolina having been authorized to observe (periodically
weekly full time) the construction of the project for the Permittee hereby state that to the best of my abilities due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications and other supporting materials
Signature Registration No Date