20130948 Ver 1_Approval Letter_20140221

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
February 21, 2014
Beaver Creek Investors, Inc.
Attn: John Pierce
PO Box 1685
Jacksonville, NC 28540
DWR # 13 0948
Onslow County
Subject: APPROVAL OF 401 WATER RESOURCES CERTIFICATION WITH ADDITIONAL
CONDITIONS
Bridgeport Subdivision, Sneads Ferry, NC
Dear Mr. Pierce:
This Certification supersedes the Certification issued on February 13, 2014. You have our
approval for the impacts listed below for the purpose described in your Pre - Construction
Notification (PCN) application dated August 20, 2013 and received by the Division of Water
Resources (Division) September 06, 2013 with subsequent information received on December
10, 2013, January 6, 2014 January 11, 2014, January 16, 2014, February 4, 2014 and February
11, 2014. These impacts are covered by the enclosed Water Quality General Certification
Number 3886 (GC 3886) and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 14 (NW 14) once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
'hone: 910 - 796 -72151 FAX: [phone] DENR Assistanoe:1477 -623.6748
ntemet www.ncwabqualky.org
qualky.org
in Equal Opportunity 1 Affirmative Action Employer

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 2 of 7
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the General Certification are met. No other impacts are approved,
including incidental impacts.
Type of Impact
Approved
Approved
Plan location/ Reference
(units)
(units)
(attached)
Permanent
Temporary
Stream
S1 (culvert #2)
94 If
Impact #2 & Fig 4(attached)
S3 (culvert # 3)
80 If
Impact # 3 & Fig 6 (attached
Total impacts
1741f
404/401 Wetlands
W1
0.02 acres
Impact #1 & Fig 2 (attached)
W2 (Crossing #3)
0.082 acres
Impact # 3 & Fig 6 (attached)
W3 (Crossing # 2)
N/A
0.0003 acres
Impact # 2 & Fig 4 (attached)
W4 (Crossing #3)
N/A
0.001 acres
Impact # 3 & Fig 6 (attached
Total impacts
0.102 acres
0.0013 acres
Coastal Wetlands
Site 1
Open Waters
Site 1
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. Deed notifications /restrictive covenants or similar mechanisms shall be placed on all
retained jurisdictional wetlands, waters and protective buffers as depicted in order
to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place when the lots are recorded. A sample deed
notification can be downloaded from the 401 /Wetlands Unit web site at
http:// h2o.enr.state.nc.us /ncwetiands. The text of the sample deed notification
may be modified as appropriate to suit to this project. The USACE's Restrictive

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 3 of 7
Covenant language can be found on their web site at:
http: / /www.saw.usace.army.mil/ wetlands /Mitieation /preservation.html.
4. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands
onsite from being impacted. This shall be done during the initial stage of construction.
5. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification. It
shall be the responsibility of the permitee to review all construction drawings with the
approved permit drawings to determine that the drawings are consistent.
Documentation via letter or e-mail must be provided to the Division prior to the start
of construction confirming that the construction drawings are consistent with the
permitted drawings. If the drawings are not consistent, the applicant is required to
notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and address the
inconsistencies prior to working in wetlands.
6. 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.
7. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils.
8. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 02B.0221. Appropriate sediment and erosion control
practices must be used to meet this standard.
9. All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved BMP measures from the most current version of NCDOT Construction and
Maintenance Activities manual
(http: / /www.ncdot.ore /doh /operations /BMP manual /download /BMP Manual pdf)

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 4 of 7
such as sandbags, rock berms, cofferdams and other diversion structures shall be used
to prevent excavation in flowing water.
10. Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing
pipes are or become perched, the appropriate stream grade shall be re- established or, if
the pipes are installed in a perched manner, the pipes shall be removed and re- installed
correctly.
All authorized 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.
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 downstream of the
above structures.
The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ. Culverts shall be placed so that the opening(s) match the
natural stream channel wherever possible. Bank -full flows (or less) shall be
accommodated through maintenance of the existing bank -full channel. Additional
culverts shall be allowed only to receive flows exceeding bank -full. The low flow pipes
should be aligned with the deepest part of the stream channel, so that flow is
maintained during low flow conditions. Field adjustments of the culvert placements
may be necessary to correctly install the culverts.
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. If rip -rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality. All approved rip -rap shall be
appropriately keyed in and only placed in wetland and stream areas that have permitted
impacts.
11. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream
does not come in contact with the disturbed 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.

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 5 of 7
12. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state.
Water that inadvertently contacts uncured concrete shall not be discharged to waters of
the state due to the potential for elevated pH and possible aquatic life /fish kills.
13. The restored wetland areas will need to be monitored quarterly for at least two years
for indications of instability, erosion, sloughing, plants not surviving with photo
documentation and any remediation that may be necessary. The monitoring may be
extended up to another 3 years, if the restoration sites have not adequately recovered.
14. Any violations of this condition including turbidity and failed silt fences MUST be
reported to the Wilmington Regional Office immediately at 910.796.7215.
15. Continuing Compliance
Beaver Creek Investors, Inc. shall conduct construction 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 and Federal law. Beaver Creek Investors, Inc.
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 the Division 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, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall
notify Beaver Creek Investors, Inc. and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for
public hearing in accordance with 15A NCAC 02H.0504. Any new or revised
conditions shall be provided to Beaver Creek Investors, Inc. in writing, shall be
provided to the U.S. 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.
16. Determination of Impacts
At the completion of the project, the Division may require a determination of the area
impacted (as- built) which is to encompass the location and acreage of the impacts (it

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 6 of 7
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 Attn: Jennifer Burdette 1650 Mail
Service Ctr. Raleigh, NC 27699 - -1650.
17. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the
property during normal business hours.
18. The applicant and /or authorized agent shall provide a completed Certificate of
Completion Form to the DWQ Webscape Unit within ten days of project completion
(available at:
httn:// Portal.ncdenr.ore/web /wa /swa /ws/ 401 /certsandg)ermits /apply /forms).
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.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):

Beaver Creek Investors, Inc.
Attn: John Pierce
February 21, 2014
DWR Project # 20130948
Page 7 of 7
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 2H.0500. Please contact Joanne Steenhuis at 910.796.7306 or
Joan ne.Steenhuis ncdenr.eov if you have any questions or concerns.
Sincerely,
Jim regson
Regional Supervisor
DWR Wilmington Regional Office
Enclosures: GC 3886
Certificate of Completion
cc: Haywood Pittman — Pittman Soil Consulting - electronic copy
Brad Shaver - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWR Wetlands Unit
Doug Huggett — DCM Morehead
WQP WiRO

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