20160921 Ver 1_Approval Letter_20161007

i1'ater Resources
FN VIRC)Nt, et.- G!.!AU'-`
October 7, 2016
Capstone Ventures, LLC
Mr. D. Andrew Howell
129 Timber Hill Place
Chapel Hill, NC 27514
Subject Property: Wvndwater Phase 4
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
Pender County
D WR Project # 16-0921
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Howell,
You have our approval, in accordance with the attached conditions and those listed below to
impact 0.18 acres (78 18 square feet) of open waters in order to construct a residential
development as described in your pre -construction notification (PCN) application received by
the Division of Water Resources (Division) on September 23, 2016. 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 29 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 Certification can also be found on line at:
litter//I)ortal.ncdenr.or web/wq/sn/ws/401./certsan.dpermits.
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.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Wyndwater Phase 4
2016-0921
Pender County
Page 2 of 4
lr
The Additional Conditions of the Certification are:
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 115A 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. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15A 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
4. 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.
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 021-1.0506 (b)(2) and (c)(2)]
6. 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

Wyndwater Phase 4
2016-0921
Pender C.unty
P*e3of4
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
7. 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 [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].
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)].
9. This certification grants permission to the director, an authorized representative of the
Director, or NC Department of Environmental Quality (DEQ) staff, upon the presentation
of proper credentials, to enter the property during normal business hours 15A NCAC
02H.0502(e).
10. 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 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:
http://portal.ncdenr.orp,/web/wq/swp/ws/401 /certsandpermits/apply/forms).
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
(OAH). A petition form may be obtained from the OAH at http://w,N-",.ncoah.com/ or by eating
the OAH Clerk's Office at [phone] 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

Wyndwater Phase 4
2016-0921
Pender County
Page 4 of 4
4
official state holidays). The petition may be faxed to the OAH at [phone], 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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.BurdetteCncdenngov or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or Chad. Coburn. ncdenr.gov.
Sincerely,
JimGregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3890
cc: David Scibetta — Southern Environmental Group, Inc., 5315 South College Road, Suite
E, Wilmington, NC 28412
Emily Greer - USACE Wilmington Regulatory Field Office
Jennifer Burdette — Wetlands and Buffer Unit
WiRO

DWR Project No:
Applicant:
Project Name:
PAT MCCRORY
DONA1_D R. VAN DER VAART
S. JAY ZIMMERMAN
401 Water Quality Certification Issued Date:
County:
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 this certificate to the DWR
401 & Buffer Permitting Unit, 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, , 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:
Agent's Certification
Date:
I, , 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: Date:
If this project was designed by a Certified Professional
I, , 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 Permitee 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:
Date:
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 7079000