20070958 Ver 1_Approval Letter_20070820

O~OF W ATFRQG Michael F. Easley, Governor
~ ~, William G. Ross Jr., Secretary
~^' North Carolina Department of Environment and Natural Resources
~ ~
0 -~ Coleen H. Sullins, Director
Division of Water Quality
August 20, 2007
Deuce Investments, LLC
c/o Linwood Jones
PO Box 595
Selma, NC 27577
Subject Property: Morris Landing Subdivision
Approval of 401 Water Quality Certification H~ith Additional Conditions
Dear Mr. Jones:
DWQ Project # 07 0958
Onslow County
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 100 linear feet of stream and 0.283 acres of jurisdictional Wetlands for the purpose of constructing
subdivision roads, as described within your application dated July 18, 2007 and received by the
Wilmington Regional office on July 30, 2007. After reviewing your application, it has been determined
that the impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631). The
Certification(s) allows you to use Nationwide Permit 29 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 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
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 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 below.
The Additional Conditions of the Certification are:
I. 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 A roved (Units) Plan Location or Reference
Stream 100 (feet Prelimina Plat
404/401 Wetlands 0.283 acres Preliminary Plat sealed
7/27/07
N~ ~hCarolina
~aturally
North Carolina Division of Vdater Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet www.ncwatercLuality.ora Locations 572 N. Salisbury SC Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffrmative Action Employer - 50°/ Recycledll0°/ Post Consumer Paper

Page Two
Deuce Investments, LLC
c/o Linwood Jones
DWQ # 07-0958
August 20, 2007
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.
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 project.
5. Deed Notifications and/or 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 submitted to this Office and to
the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands and the stream
approved by this Certification can take place.
6. 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.

Page Three
Deuce Investments, LLC
cio Linwood Jones
DWQ # 07-0958
August 20, 2007
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 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 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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Sinc y,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3631
Certificate of Completion
cc: Rob Nelson - Southwind Surveying and Engineering, Inc.
David E. Meyer -Protocol Sampling Service, Inc.
Ian McMillan -DWQ 401 Oversight Unit, Raleigh
Brad Shaver - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Central Files
WiRO