20070482 Ver 1_Approval Letter_20070507

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 7, 2007
Mr. Mark Phillips
1640 Royal Oak Drive
Leland, NC 28451
Subject Property
Phillips: Upper Town Creek Road
Town Creek [030617, 18-81, C, SW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0482
Brunswick County
Approval of 401 Water Quality Certification with Additional Conditions -AFTER-THE-FACT
Dear Mr. Phillips:
You have our AFTER-THE-FACT approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.38 acres of 404/wetland to construct the proposed single-
family residence, as described within your application dated February 25, 2007, and received by the N.C.
Division of Water Quality (DWQ) on March 19, 2007, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use
Nationwide Permit(s) NW29, 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 other
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 1501inear
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:
Conditions of Certification:
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
404/Wetland 0.38 (acres) PCN a e 8 of 13
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http•//h2o.enr.state. nc. us/ncwetlands
No°C Carolina
~tura!!y
An Equal OpportunltylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Mr. Mark Phillips
Page 2 of 3
May 7, 2007
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit 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;
4. 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 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 activities to ensure compliance with 15 NCAC 2H,
Section .0500;
Certificate of Completion:
6. 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.
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.
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.

Mr. Mark Phillips
Page 3 of 3
May 7, 2007
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 Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at
919-733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-79 -7215.
Si Merely
Alan W. Klimek, P.E.
AW Klijm
Enclosures: GC3631
Certificate of Completion
cc: Joanne Steenhuis, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
The Clark Group, P.O. Box 10136, Wilmington, NC 28404-3975
Filename: 070482Ph illipsUpperTownCreekRd(Brunswick~101