20061522 Ver 4_Approval Letter_20141015

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GNR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 15, 2014
Navaho Development Company, LLC
Mr. Craig M. Stevens
5710 Oleander Drive, Suite 200
Wilmington NC 28403
Subject Property: Willowick At The Creek - Wilmington
John E. Skvarla, III
Secretary
New Hanover County
DWR Project #: 06- 1522v4
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stevens,
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact an additional 0.02 acres of 404 wetlands in order to construct a storm water
discharge swale as described within your application received by the Division on October 2, 2014.
After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number 3890 (GC 3890).
This Certification allows you to use the Nationwide Permit 18 (NW18) when issued by the U.S.
Army Corps of Engineers. 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 Certification can also be found on
line at: littp://poi-tal.ncdeiir.oi-g/web/wq/swp/ws/40 I /certsandpermits.
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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www,ncdenr,gov
An Equal Opportunity ! Affirmative Action Employer - Made in part by recycled paper

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Willowick At The Creek
New Hanover County
2006- 1522v4
The Additional Conditions of the Certification are:
1. Impacts Approved
Type
Amount Approved This
Version (Units)
Plan Location or Reference
404 Wetlands (Permanent)
0.02 acres
PCN Application page 3 of 8
404 Wetlands (Temporary)
0.03 acres
PCN Application page 3 of 8
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 Certification (s) /Permit/Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Resources Certification.
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 permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
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. 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
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that

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Willov,ick At The Creek
New Hanover County
2006- 1522v4
is to be left undisturbed. The permittee must maintain the fencing, at a minimum, until the
Division of Energy, Minerals and Land resources, Land Quality Section, releases the site from
their sedimentation and erosion control requirements. The fencing must then be removed within
6 weeks.
7. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable.
8. Turbidity
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 2B 0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215.
9. Wetland Boundary Identification
The wetland boundary must be clearly identified as depicted on the jurisdictional determination
map signed by the US Army Corps of Engineers. The wetland boundary identification
(flagging, fencing, etc.) must be maintained until the project is completed.
10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical
spill, the permittee /contractor shall immediately contact the Division of Water Resources,
between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call (800) 858 -0368. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.
11. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources, 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 Permit.
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.

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Willowick At The Creek
New Hanover County
2006- 1522v4
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
8:00am and 5:00pm, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have. any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in .the DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
Jun Gregsoidl, Regional Supervisor)
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3890
cc: Dana Lutheran — Southern Environmental Group, Inc., 5315 South College Road,
Wilmington, NC 28412 1
Emily Hughes — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO

Certification of Completion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of -Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional , (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:. Registration No. Date