20200248 Ver 2_More Info Received_20230515

DocuSign Envelope ID:9BE9212B-2CAD-46F9-9643-B87791614FAB
ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 21, 2020
DWR#2020-0248
Onslow County
24 East Development,LLC
C/o Leon Ward Sylvester
PO Box 295
Richlands,NC 28574
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Sylvester Development—Richlands,NC 28574
Dear Mr. Sylvester:
You have our approval,in accordance with the attached conditions and those listed below to allow for the
permanent impacts involving approximately 0.005 acres of open water area and approximately 894 total
linear feet of intermittent stream area,as described in your application received by the N.C. Division of
Water Resources(DWR)on February 13,2020, sequential information received April 14, 2020,April 17,
2020,April 20,2020, and April 21,2020. After reviewing your application,we have decided that the
impacts are covered by General Water Quality Certification Numbers 4139 (GC4139).
This Certification allows you to use the Nationwide Permit 39 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: https://edocs.deg.nc.gov/Forms/Certificate-of-
Completion.
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:
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:
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTH CAROLINA _�`
w e aaft 910.796.7215

DocuSign Envelope ID:9BE9212B-2CAD-46F9-9643-B87791614FAB
Amount Approved(Units) Plan Location or Reference
Open Waters "Ditch 3"—Approximately Updated Impacts Map—Received
0.005 acres of impacts April 17,2020
Revised PCN—Received April 14,
2020,with additional comments
from USACE received April 20,
2020 and April 21,2020.
Coastal wetlands N/A
404/401 wetlands N/A
Streams (Intermittent) "Ditch 1"— 133 linear feet Updated Impacts Map—Received
"Ditch 2"—668 linear feet April 17,2020
"Ditch 4"—93 linear feet
Revised PCN—Received April 14,
Approximate impact total 2020,with additional comments
(Ditch 1,2, and 4) of 894 from USACE received April 20,
linear feet 2020 and April 21,2020.
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.
1. 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 and is responsible for complying with all conditions. Any
new owner must notify the Division and request the Certification be issued in their name {15A NCAC
02H .0501 and .0502{.
2. 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. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts are
accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC
02H .0506 (4)] The applicant shall require his 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.
3.A pre-construction meeting is recommended to be held with the Division prior to the start of the project
phases so that the contractors and/or agents fully understand the conditions associated with this
certification. [15A NCAC 02H .0507 (c)and 15A NCAC 02H .0502 (e)]
4. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in
15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215

DocuSign Envelope ID:9BE9212B-2CAD-46F9-9643-B87791614FAB
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked(example-orange fabric fencing)prior to any
land disturbing activities and must be maintained on the property until the project phase is completed.
[15A NCAC 02H .0506(b)(2)and(c)(2)and 15A NCAC 02H .0507(c)]
6. Appropriate measures should be installed prior to any land clearing activities to protect waters
and wetlands from turbidity and/or sedimentation. These measures should be routinely inspected and
properly maintained,and excavated materials should be contained outside the wetland boundary.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A
NCAC 02H .0506(b)(3)and(c)(3)]
7. This General Certification shall expire on the same day as the expiration date of the
corresponding General 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.
8. The permittee shall require its contractors and/or agents to comply with the terms of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project a copy of this certification. A copy of this
certification including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506(b)(2) and(c)(2)]
9. Continuing Compliance:
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 Quality Certification.
[15A NCAC 02H .0507(d)]
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 Quality,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 [phone].
Management of such spills shall comply with provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and(c)(3), 15A NCAC 02B .0200
(3)(f), and GS 143 Article 21A].
11. 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. [15A NCAC 02H .0506 (b)(3) and
(c)(3)and 15A NCAC 02B .0200 (3)(f)].
12. This certification grants permission to the director, an authorized representative of the Director,
or DEQ staff,upon the presentation of proper credentials,to enter the property during normal business
hours 15A NCAC 02H.0502(e).
13. Certificate of Completion

DocuSign Envelope ID:9BE9212B-2CAD-46F9-9643-B87791614FAB
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications,the applicant and/or authorized agent is required to return a
completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina
Division of Water Resources, 1617 Mail Service Center,Raleigh,NC,27699 within ten days of project
completion. The certification of completion is available at: htips:Hedocs.deg.nc.gov/Forms/Certificate-of-
Completion).
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.
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 8:00 am and 5:00 pm,
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):
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 DEQ:
Bill Lane,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
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 Robb Mairs in the DWR Wilmington Regional
Office at 910.796.7303 or Robb.Mairskncdenr.gov.
Sincerely,
DocuSigned by:
E3ABA14AC7DC434...

DocuSign Envelope ID:9BE9212B-2CAD-46F9-9643-B87791614FAB
Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
Enclosures: GC 4139
Cc: Bob Zarzecki, Soil and Environmental Consultants,PA, EC
Rachel Capito,USACE Wilmington Regulatory Field Office,EC
DWR 401 &Buffer Permitting Branch file-LF
WiRO