20061503 Ver 2_Approval Letter_20071001

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
October 1, 2007
Jamestown Pender Residential, L.P.
Attn: George B. Taylor
3743 Cochran Lake Rd.
Marietta, GA 30062
DWQ Project # 06 1503 Ver 2
Pender County
Subject Property: Bayberry Farms at the Preserve
DWQ #06 1503 Version 2; USACE Action ID. No. 2006 40390 071
Hampstead, Pender County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Taylor:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.471 acres of jurisdictional wetlands in the Cape Fear River Basin, associated with the
construction of Bayberry Farms at the Preserve in Pender County, North Carolina, as described within
your application received on June 6, 2007, and in additional correspondence received August 1, 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 (USACE). 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 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 1 SO linear feet of stream, compensatory mitigation maybe required as described in 1 SA NCAC
2H .OS06 (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:
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 A roved (Units) Plan Location or Reference
Stream N/A (feet)
404/401 Wetlands 0.471 acres Attached Plat and Wetland
Im act sheet
No ° Carolina
~lura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemec www.ncwaterauality.or; Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffrmative Action Employer - 50°/ Recycled110% Post Consumer Paper

Page Two
Jamestown Pender Residential, L.P.
Attn: George B. Taylor
DWQ # 06 1503 Ver 2
October 1, 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.
3. 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.
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. Culverts
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. Culvert(s) shall not be installed in such a
manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s).
Existing stream dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore, you must
provide plans with adequate details that indicate that the current stability of the stream will be
maintained or enhanced. You must receive written approval from this Office for the above plans
before the culvert(s) is installed. Culvert(s) must be installed according to approved plans.

Page Three
Jamestown Pender Residential, L.P.
Attn: George B. Taylor
DWQ # 06 1503 Ver 2
October 1, 2007
6. Protective Fencing
The outside wetland 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 wetland prior to
any land disturbing activities.
7. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
6. Deed Notifications and/or Restrictions
Deed notifications or similar mechanisms (restrictive covenants as required by the USACE)
shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order
to assure compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under
this Certification Approval and Authorization Certificate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The
text of the sample deed notification may be modified as appropriate to suit to this project. A
recorded copy of the deed notifications must be submitted to this Office and to the 401 Oversight
and Express Unit in Raleigh before the impacts to wetlands approved by this Certification can take
place.
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 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.

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Page Four
Jamestown Pender Residential, L.P.
Attn: George B. Taylor
DWQ # 06 1503 Ver 2
October 1, 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 in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Sincere ,
Cole n H. Sullins, Director
Division of Water Quality
Enclosures: GC 3631
Certificate of Completion
cc: Jeffrey T. Coward -Dial Cordy and Associates Inc.
Brad Shaver - U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Stephen Rynas - DCM, Morehead City
Ian McMillan -DWQ 401 Oversight Unit, Raleigh
Central Files
WiRO

LEGEND
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