20021159 Ver 2_Approval Letter_20070917

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 17, 2007
DWQ Project # 02 1159
ver 2
Pender County
TP, Inc.
Attn: Mr. Ronald S. Bryant
PO Box 2658
Surf City, NC 28445
Subject Property: Modification to Oeeananire Subdivision 401 Certification
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bryant:
You have our approval, in accordance with the attached conditions and those listed below,
impact an additional 0.174 acres of wetland impact at the subject property, as described within
your 401 application dated February 21, 2007 and additional information received on September
4, 2007 by the N.C. Division of Water Quality (DWQ). This additional impact will result in total
cumulative wetland impacts of 0.485 acres for the project area. After reviewing your application,
we have decided that the additional impacts are covered by General Water Quality Certification
Number 3642 (GC 3642). This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification(s) allows you to use Regional
General Permit 198000291 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 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 maybe 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.
No e hCarolina
;~aturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-] 617 Phone [phone] Customer Service
Internet: www.ircwatercLual~o~'~ Location: 512 N. Salisbury St Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirma(ive Action Employer - 50 % Recycled110°/ Post Consumer Paper

Page Two
TP, Inc.
Attn: Mr. Ronald S. Bryant
DWQ Project # 02 1159 Ver 2
September 17, 2007
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:
Amount Approved Plan Location or Reference
(Units)
Stream N/A (feet)
404 Wetlands 0.174 acres See attached Map (Original
color map in file revised and
sealed on 8/23/07)
Coastal Wetlands N/A (acres)
Open water shallow N/A (acres)
bottom habitat
2. Erosion & 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 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 CAMA Major 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.

Page Three
TP, Inc.
Attn: Mr. Ronald S. Bryant
DWQ Project # 02 1159 Ver 2
September 17, 2007
4. 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 notifications/restrictive covenants or easements 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 subdivision is sold, any lots sold
or any work in wetlands approved by this Certification can take place.
6. Wetland Monitoring Plan Report:
The permittee will implement the wetland restoration plan (attached) submitted to the
Division of Water Quality and dated August 23, 2007. The restoration portion of the
project must be completed by November 1, 2007 and the monitoring plan fully
implemented as stated in the Oceanaire Mitigation Plan. A report must be submitted
annually to both the Central Office of the Division of Water Quality and the Wilmington
Regional Office of DWQ, for three years. For the non-coastal wetland, the success
criterion is the survival of 320 trees per acre, after three years. The success criterion for
the coastal wetlands is the survival of 50% or greater of the coastal wetland species
(hydrophytic vegetation), after three years. If these criteria are not met, the permittee will
submit to the DWQ, a proposal for the necessary corrective action(s). After the approval
of DWQ, the permittee will implement the action(s) and the monitoring for the
vegetation hydrology will restart.
The first monitoring report will be submitted within 30 days of the initial vegetation
planting, thereafter, a wetland monitoring report must be received by April 1 of each year
until the success criteria have been met to the satisfaction of the DWQ.
The Wetland Monitoring Plan Report must include the following:
1) a written account of the hydrological status of wetlands,
2) a written account including photos of the vegetation and stem counts.
3) A historical comparison of the initial planting and the success of the vegetation to
date

Page Four
TP, Inc.
Attn: Mr. Ronald S. Bryant
DWQ Project # 02 1159 Ver 2
September 17, 2007
7. 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 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 919-733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-
796-7215.
Sincere ;
~ Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Adrian Moon -Walton Engineering
Jennifer Frye - USACE Wilmington Regulatory Field Office
Ian McMillan -DWQ 401 Unit
Niki Maher -DWQ Wetlands Compliance Branch
Stephen Rynas -DCM Morehead City
Doug Huggett -DCM Morehead City
Jon Giles -DCM Wilmington
Gene Casey -Town of Surf City
Central Files
WiRO