20151298 Ver 1_No Written Concurrence_20160210

Water Resources
ENVIRONMENTAL QUALITY
H&H Constructors, Inc.
Attn: JJ Brenning
8209 Market Street
Suite C
Wilmington, NC 28411
Subject Property:
Dear Mr. Brenning:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
February 30, 2016
THIS IS NOT
The Oaks at Cypress Lakes Lot 13, Hampstead
No written Concurrence Needed
Secrelary
S. JAY ZIMMERMAN
D W R # 2015 1298
Pender County
You have our approval, in accordance with the attached conditions and those listed below to
Director
permanently impact approximately 0.01 acres of wetlands and 35 linear feet of stream, as described in
your pre -construction notification (PCN) application dated December 8, 2015 and received by the
Division of Water Resources (Division) on December 14, 2015. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 18 once it is issued to you 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, Water Supply Watershed, 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 General 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 on the following pages.
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 Certification 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}.
State ofNotth Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

H&H Constructors, Inc.
Attn:A Brenning
DWR Project p 2015 1298
February 10, 2016
Page 2 of 5
2. 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.
3. The applicant/permitee 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. [15A NCAC 02H .0507(d)]
4. Sediment and Erosion Control Measures
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)]
5. Wetland Boundary Identification
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.
6. 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)]
Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.Ddf) such
as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
8. Design and placement of the culvert and other structures shall be installed in such a manner that
the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a
widening of the streambed). Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. The structures shall be designed and

H&H Constructors, Inc.
Attn:A Brenning
DWR Project # 2015 1298
February 10, 2016
Page 3 of 5
installed to allow for fish and other wildlife movement as well as prevent headcutting of the
stream. The applicant may be required to provide evidence that the equilibrium has been
maintained if requested in writing by the NCDWR. [15A NCAC 02H.0506(b)(2)]
9. Unless otherwise approved in this certification, placement of culverts and other structures in open
waters and streams, shall be placed below the elevation of the streambed by one foot for all
culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required
to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during
construction, please contact the NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
10. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
11. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed. All approved rip -rap shall be appropriately keyed in and only placed
in wetland and stream areas that have permitted impacts. [15A NCAC 02H.0506(b)(2)]
12. Natural fiber matting is recommended for stream bank stabilization over plastic matting that can
entrap small animals. [15A NCAC 02H .0506(b)(2)]
13. 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
permitee/contractor shall immediately contact the Division of Water Quality, between the hours of
8 am to 5 pm at the Wilmington Regional Office at 910.796.7315 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]
14. 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 026 .0200 (3)(f)]

H&H Constructors, Inc.
Attn: JJ arenning
DWR Project a 2015 1298
February 10, 2016
Page 4 of 5
15. The permitee shall require its contractors and/or agents to comply with the terms and conditions
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 with 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)]
16. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this subdivision will require a
modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A
NCAC 02H .0501 and .0502]
17. 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 and/or authorized agent is required
to return a copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten
days of project completion (available at:
http://porta l.ncdenr.org/web/wq/swp/ws/401/ce rtsandperm its/a pply/forms).
18. 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)).
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.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays.
The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.

H&H Constructors, Inc.
Attn: A Brenning
DWR Project # 2015 1298
February 10, 2016
Page 5 of 5
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
NC Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this certification and its conditions are final and binding
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in
the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer. Bu rdettePncdenr.gov or myself in
the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.SteenhuisPncdenr.gov.
cerely,
oanne Steenhuis
Senior Environmental Specialist
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosure: GC 3890
cc: Kim Williams -LMG— electronic copy
Jennifer Burdette - DWR 401 Wetlands and Buffers Unit
Emily Greer— USACE Wilmington Regulatory Field Office —electronic copy
Heather Coats - DCM Wilmington— electronic copy
WiRO