20061274 Ver 2_Approval Letter_20080507

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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
May 7, 2008
Mr. Brian Dilsheimer
DCNC North Carolina I, LLC
2528 Independence Boulevard
Wilmington, NC 28401
Re: The Villages At Turtle Creek Phase II, Pender County
Beckys Creek [030624, 18-87-8, SA, HQW]
DWQ #20061274, Ver. 2; USACE Action ID. No. 200600208
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dilsheimer:
Attached hereto is a copy of Certification No. 3739 issued to Mr. Brian Dilsheimer and DCNC
North Carolina I, LLC, dated May 7, 2008. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc 1
O-Coleen H. Sullins
CHS/cbk/ jm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Brad Shaver, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Joanne Steenhuis, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Doug Huggett, DCM
Anne Deaton, P.O. Box 769, Morehead City, NC 27557
Josh Witherspoon, Environmental Services, Inc., 524 South New Hope Road, Raleigh, NC 27610
Filename: 061274Ver2TheVillagesAtTurtleCreekPhaseII(Pender)401 IC
401 Oversight/Express Review Permits Unit N??o, ?thCarolina
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 c/Vaturall?J
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http:h2o.enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Brian Dilsheimer and DCNC North Carolina I, LLC
Page 2 of 6
May 7, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Brian Dilsheimer and DCNC
North Carolina I, LLC, to fill or otherwise impact an additional 1.47 acres of 404/wetland (for a
cumulative impact of 1.88 acres of 404/wetland), to construct The Villages of Turtle Creek which
is located in Surf City, on the north side of Highway 210, with a property connection to Highway
17, in Pender County, North Carolina, pursuant to an application dated March 23, 2007 and
received by the DWQ on May 2, 2007, and by Public Notices by the U.S. Army Corps of
Engineers issued on the 27`h day of April of 2007 (received by DWQ on May 2, 2007).
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/CAMA Wetlands 1.47 acres (previously issued impacts 0.41 Sheet 2 of 13 (11 X 17), larger plat in file
acres, cumulative wetland impacts 1.88 Impacts 1 - 9 (road crossings)
acres) Plats received on 1/16/2007
Sediment and Erosion Control:
2. 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:
i
Mr. Brian Dilsheimer and DCNC North Carolina I, LLC
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May 7, 2008
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.
4. 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 404/401 Permit 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;
5. 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;
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents htm.
Continuing Compliance:
3. Mr. Brian D. Dilsheimer, Managing Member and DCNC North Carolina I, LLC, shall
conduct construction activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean
Mr. Brian Dilsheimer and DCNC North Carolina I, LLC
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May 7, 2008
Water Act) and any other appropriate requirements of State law and federal law. If the
Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Brian D. Dilsheimer, Managing
Member and/or DCNC North Carolina I, LLC and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity
for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Mr. Brian D. Dilsheimer, Managing Member and/or
DCNC North Carolina I, LLC in writing, shall be provided to the United States Army
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet
the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation
Required River and Sub-basin Number
Wetlands 1.88 (acres) White Oak/03030001
In addition, 94.38 acres of jurisdictional wetlands within the project limits must be placed
in permanent preservation. Restrictive Covenants for the on-site preservation must be
recorded. Language used to accomplish this preservation must be approved by the
USACE prior to recording. Preservation of the wetlands described above in addition to
payment to EEP will satisfy DWQ's mitigation requirements. A copy of the recorded
documents and associated maps must be provided to DWQ's Wilmington Regional
Office and 401 Oversight Unit in Raleigh prior to impacting any wetlands on the subject
property.
Road Crossings:
8. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
Mr. Brian Dilsheimer and DCNC North Carolina I, LLC
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May 7, 2008
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 shall be
maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Other conditions:
9. 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.
10. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional
wetlands present 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 on each lot until the lot is sold.
11. Protective Fencing
The outside wetland or water 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 the buffer, wetland or water prior to any land disturbing activities.
12. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
13. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent
building or other structure is occupied at the site. If a development is phased, then the
approved SMP for each future phase must be constructed and operational before any
permanent building or other structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP
approval authority. If the SMP falls under another state stormwater program, then a
Mr. Brian Dilsheimer and DCNC North Carolina I, LLC
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May 7, 2008
copy of the approval letter and the modified SMP must be submitted to the 401
Oversight/Express Unit prior to the commencement of the modifications.
14. 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 Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.

3739
This the 7th day of
DIVI ON OF W)
Coleen H. Sullins
ALITY
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CHS/cbk/i m
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Brian Dilsheimer and DCNC North Carolina I, LLC, have
permission to fill or otherwise impact 1.47 acres of 404/wetland (for a cumulative impact of 1.88 acres of
404/wetland), to construct The Villages of Turtle Creek which is located in Surf City, on the north side of Highway
210, with a property connection to Highway 17, in Pender County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT 20061274, Ver. 2
LOCATION: Surf City
COUNTY Pender
BASIN/ SUB BASIN White Oak/03030001
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b). E
Impacts Mitigation
1.88 Acres of 404/Wetland 1.88 Acres of 404/Wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061274Ver2TheVillagesAtTurtleCreekPhaseII(Pender)401 _IC_EEP
Nopt`thCarol ina
401 Oversight/Express Review Permitting Unit lltllCR??
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper