20080909 Ver 1_No Written Concurrence_20080716

A ??
O?0 W
RpG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality
July 16, 2008
Onslow County
DWQ Project #: 08 0909
Brynn Creek LLC
Brynn Marr Homes, Inc.
Attn: Steve Wangerin
2421 Marine Blvd N
Jacksonville, NC 28546
Subject Property: Blue Creek Estates Subdivision
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Wangerin:
You have our approval, in accordance with the attached conditions; to impact a total of 0.15
acres of wetlands for 3 road crossings (0.08 ac of permanent impacts) to access your subdivision
and 4 utility crossings (0.068 ac temporarily) on the subject property described in your
application dated May 29, 2008 and received by DWQ on June 6, 2008 and additional
information received on July 3, 2008. After reviewing your application, we have decided this
fill is below the threshold for written authorization as long as all conditions of General Water
Quality Certification Number 3705 (GC 3705) are met. This certification may also be viewed
on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the
Nationwide 29 Permit when issued by the US Army Corps of Engineers.
This approval is only valid 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 wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Deed notifications/restrictive covenants or similar mechanisms 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 within 30 days from
the receipt of this Certification or the USACE's permit, whichever is later. 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. The USACE's Restrictive Covenant language can be found
on their web site at http://www.saw.usace.army.mil/wetlands/Mitigation/preservation.html. A
recorded copy of the deed notifications/restrictive covenants must be submitted to this
Office and to the 401 Oversight and Express Unit in Raleigh within 30 days of receipt of the
401 Certification or the USACE's permit, whichever is later.
Mailing Address Phone [phone] Location One
NorthCarohna
1617 Mail Service Center Fax [phone] N. Salisbury St. ,Natunaltly
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwaterauality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
Brynn Creek LLC
Brynn Marr Homes, Inc.
Attn: Steve Wangerin
DWQ Project #: 08 0909
July 16, 2008
2) No Sediment and Erosion Control Measures in Wetlands - 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 or locally delegated program has released the project.
3) When roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may result in
the destabilization of streams or wetlands.
4) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the Federal
404 and/or Coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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.
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 Ian McMillan at 919.715.1786 or
Joanne Steenhuis at our Wilmington Regional Office at 910.796.7215.
Attachments
Enclosures GC 3705
Certification of Completion
cc: John Parker - Parker & Associates, Inc.
Ian McMillan - DWQ 401 Oversight Unit
Brad Shaver - USACE Wilmington
Stephen Rynas - DCM Morehead
Central Files
WiRO
Si rely,
(7,
11 Lt?
i oanne Steenhuis
Senior Environmental Specialist
If.

Wetlands Boundary Information taken from
Tempt ,' a plan titled 'J.W. Morton Estates' Le end:
Te
mpac
mt Area `-•' prepared by Charles F. Riggs 4 -Wetlands
#6 856.3 S.F l , Associates, Inc., dated -Wetlands Line
Indigo Drive i February lggq. R/W - Right of Way
50' R W S. F. - Sq}?ar•e Foot
We
tlands Typ• - Typical
L.lettlcn,
rrd i Temporary - Lot Number
Impact Area #6 - ? Woods Trail
q S.F. I #9 334.8 S.F
Weeping Willow
Little Cardinal Lane 1 s
26
Court -i
• 50' R/W impact #11
50' R/ W O ` 1035 5
s i . Wetlands
toration .' - 24 Ox _ , '' - ,.: _ i ?•= r Temporary
`s ?' ' j r = `? mpact Area
#3 30 241 0
0
108651 S-
s 21 O 31 \ ?/?:1 47 O - jO Cattail Court
t{
an (
torah50' R/ W 61 20 W
11.6 S.F. . \t O \ r
? ? Q `i ? ?. sl be 62 ?: ;•? 1r
Shad 12 O7 :;ii: /
34 ys1de
Court
'\\ ?? -..; t .r 0 ?l
55 4
14 (Ji7
Y _ 17
U4O
Wetlands
e
2 Impact #2
7 O
O ,. O
O .
O ?- ^ N 74
7s ? Wetlands
_c 0 . •'- ?.
77 7c i'.! O Temporary
?•- mpact Area
>U4 Q :' ; Q #7 85q.1 S.F.
a
tiO O as Lane
' ` - 50' R/W
102
q2 U)
U WS
Area #5 ??-.. Wattands S
286.4 S.F.
Impart #i
i i 1243.1 S. F. a
m
,? uo i ?• Longreen Court
?? t 0 106 ! ,'50' R/W %11110111,1 o
107x! 1 / ?? ?, ID
?N CAgo
Ncs = p . 'FESSio -
6? R. I ad , Wetlands Q0 ti9 • 7
,R/ Line • Q < Z
(TYp•) SEAL _
??- -Z :. 029091 :• ?,
'?'?'GINE? ?v. •
OVERALL PROJECT - EXHIBIT MAP II - Sheet 2 of 15
BLUE CREEK owner/Develoxr
ESTATES Brynn Creek, LLC
242 1 North Marine Blvd.
Jacksonville Twp., On5low Co., North Carolina Jacksonville, North Carolina 28546
[phone]
Date: 05/14/08 Parker & Associates, Inc.
Scale: 1'=400'
?Ilename:
Slue Creek Estates-Fxhbits.dwg Conmdting Engineers P.O. BOX 976 - 20641-oM
)15k: Arad #2006 Land Surveyors - Land Planners 406 xe.e Tetras( -80640
By: BLD a #2 JaobonVltie, North Carolina
drawn c
Phose [phone] - Paz (910) 466•-31441