20120474 Ver 1_Approval Letter_20120619

Akm-Kw),
14 ��®
MCDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
A Sydes Construction Inc
Attn Anthony Sydes
PO Box 7122
Jacksonville NC 28540
Charles Wakild P E
Director
June 19 2012
Dee Freeman
Secretary
DWQ Project # 12 0474
Onslow County
Subject Property Garden's Gate Subdivision, Richlands
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Sydes
You have our approval in accordance with the attached conditions and those listed below to permanently
impact 0 37 acres ofjurisdictional wetlands for the purpose of constructing an access road and
infrastructure for the subdivision as described within your revised after the fact application dated June 6
2012 and received by the Wilmington Regional office (WiRO) on June 8 2012 After reviewing your
application it has been determined that the impacts are covered by General Water Quality Certification
Number 3890 (GC3890) The Certification(s) allows you to use Nationwide Permit 29 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 The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the permit
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
1601 Mall Service Center Raleigh North Carolina 27699 1601
Phone [phone] Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer 50 / Recycled 110% Post Consumer Paper
NorthCarohna
NA94(mily

A Sydes Construction Inc
Attn Anthony Sydes
DWQ Project # 2012 0474
June 19 2012
Page 2 of 5
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
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
Amount Approved (Units)
Plan Location or Reference
Wetlands
Area 1
16 115 sq $ 0 37 acres
Wetland Impact Map Sheets land 2 of 2
attached
Stream
N/A
Open Water
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

A Sydes Construction Inc
Attn Anthony Sydes
DWQ Project # 2012 0474
June 19 2012
Page 3 of 5
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 Protective Fencing
The outside 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 wetland or water prior to any land disturbing
6 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 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 hitp 11h2o enr state nc us/sulForms Documents him
7 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
8 All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a
hydrocarbon or chemical spill the permitee /contractor shall immediately contact the Division of
Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at
910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG
National Response
9 Re opener Clause
A Sydes Construction Inc and their 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 A Sydes Construction, Inc shall require their 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 A Sydes Construction

A Sydes Construction Inc
Attn Anthony Sydes
DWQ Project # 2012 0474
June 19 2012
Page 4 of 5
Inc 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 A Sydes Construction Inc 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 Notification/Mitigation
A recorded copy of the deed notifications for the remaining wetlands on the property shall
be included with the Certification of Completion (see Condition #20 in GC 3890) Any
mitigation required by the USACE must also be complied with
11 Determination of Impacts
At the completion of the project the DWQ may 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 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)
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 wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing You may obtain the petition
form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings
Monday through Friday between the hours of 8 00 am and 5 00 pm except for official state holidays
The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings

A Sydes Construction Inc
Attn Anthony Sydes
DWQ Project # 2012 0474
June 19 2012
Page 5 of 5
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone]
Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 and complies with the requirement of the Notice of Deficiency (NOD) letter sent May 31 2012 If
you have any questions please telephone Ian McMillan in the Central Office in Raleigh at 919 807 6364
or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7306
Sii�erely
/� h
r\�r
Cligri6s Wakild P E Director
Division of Water Quality
Attachment
Enclosures GC 3890
Certificate of Completion
cc David Bailey USACE Wilmington Regulatory Field Office
Athan Parker EI — Parker and Associates Inc
Ian McMillan DWQ 401 Unit
Stephen Rynas DCM Morehead City
WiRO

M/S
EA
on
�e
w
z
z
a
r
to o
cn �
J
LL
0
r 3
M
Q) — _ oc
LL a Nm I IL
°,u3
►-� a iQ000Eazu� I r
w� 'I . oO
in
Z
tp
�.► 0 a.. z
z _ n m v �►�f`�
�n
H
'O
a � o
V �c
z
Dn
�w
N� a4
a m
>� O
O
N
0
-N
Q)
r�
1
t�
-1�
H
r�
-I..+
Q)
luougenrpv Loot E6, CYN
4WN PI-4h Sdh
w
a
U
9114
Q)
+-) 1°.a
co 00
o
v� 5 1
� b � 0z,* z
��V-470 m
a Cl) M
lu
I wto��
xao,
C)
v
W A
a
co b
a
0
U
CP
N 3
v
o
LL
a3
a
Y
quu L°
L1 di a_ LL 09
�I
�y
r`
O c
rl
O
U N
F
x c
v
O�Z�
p o
V(L%)
cn
Q)
� u�u
� v
s
M 3
o
VJ
Q 3
u
w
ill ill Wv bT 9b 9 TTOZ /sT /TT Bmp :pedwl spuel:pm -aTe6 suapje6 \6mp \aleE) suapieE)\£ s:Pa(ad pueT\ l

\Land Protects 3 \Garden s Gate \dwq \gardens gate Wetlands Impact dwg 11/15/20118 49 21 AM TLC TLC