19930786 Ver 3_Approval Letter_20080804

Ot0 W A T QG
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
August 4, 2008
Mr. John Atkinson, Jr.
The Reserve Development Company, LLC
P.O. Box 10879
Southport, NC 284611
Re: The Reserve At St. James Plantation, Brunswick County
Polly Gully Creek [030617, 18-88-9-1-1, SC, SW, HQW]
Beaverdam Creek [030617,18-88-9-1-(0.5, SC, SW, HQW]
DWQ #19930786, Ver. 3, USACE Action ID. No. 200200768
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Atkinson:
Attached hereto is a copy of Certification No. 3722 issued to Mr. John Atkinson, Jr. of The Reserve
Development Company, LLC, dated August 4, 2008. This Certification replaces the Certification
issued January 17, 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.
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Chad Coburn, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
Doug Huggett, DCM
Anne Denton, P.O. Box 769, Morehead City, NC 27557
File Copy
Central Files
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 930786 Ver3TheReserveAtStJa mesPlantation(Bru nswic k)401_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
NhCarolma
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. John Atkinson, Jr. of The Reserve Development Company, LLC
Page 2 of 2
August 4, 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. John Atkinson, Jr. of The Reserve Development
Company, LLC, to fill or otherwise impact 1.56 acres of 404/wetland, to construct the proposed Reserve At
St. James Plantation, which is located southwest of the intersection of Highway 211 and Midway Road in
St. James, Brunswick County, North Carolina, pursuant to an application dated February 28, 2007, and
received by the DWQ on March 5, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on
the 23`d day of March of 2007 (received by DWQ on March 23, 2007), and all additional information
received by the DWQ on August 21, 2007, September 27, 2007, December 3, 2007, modification request on
March 25, 2008, with additional information received on April 16, 2008, and June 17, 2008.
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/Wetland 1.56 (acres) I Correspondence from LMG dated November 29, 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:
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.
Mr. John Atkinson, Jr. of The Reserve Development Company, LLC
Page 3 of 3
August 4, 2008
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit 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;
4. 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;
5. Protective Fencing - The outside buffer, 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 to ensure
compliance with 15A NCAC 2B .0259;
Continuing Compliance:
6. Mr. John Atkinson, Jr. of The Reserve Development Company, 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 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. John Atkinson, Jr. of The
Reserve Development Company, 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.
John Atkinson, Jr. of The Reserve Development Company, 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;
7. Construction Stormwater Permit NCGO 10000
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
Mr. John Atkinson, Jr. of The Reserve Development Company, LLC
Page 4 of 4
August 4, 2008
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;
Mitigation:
8. Compensatory Mitigation Using NC EEP, Onsite Restoration, and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be: purchasing 0.86 acres of mitigation credit from the NC EEP,
restoring 0.65 acres of onsite wetlands, and preserving all remaining wetlands (1,275 acres of
wetlands) and streams (5,700 linear feet of stream) on the property per the draft restrictive
covenant dated September 2007, and received by the DWQ on December 3, 2007. These
aforementioned methods have been determined by the DWQ to be a suitable means to meet the
mitigation requirement. You have 60 days from the date of this approval to make your payment
to the NCEEP. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet 4.48 acres of the total 4.58 acres of 404/wetland of the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 1.56 (acres) Ca e Fear/03030005
9. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan for each phase of this project shall be submitted to
the DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh,
NC 27604) for review and approval. No land disturbance associated with any phase may be
conducted until a stormwater management plan for that phase has been submitted to and approved
by the DWQ. No buildings associated with any phase may be occupied until the stormwater
management plan is constructed and operational for that phase.
In order to be approved by the DWQ, the stormwater management plan submittal must include a
BMP Supplement Form with all required items. The stormwater BMPs be designed to remove a
minimum of 85 percent TSS and 30 percent TN from the stormwater generated by each phase of
the development. The BMPs must be designed such that they comply with the version of the NC
DENR Stormwater BMP Manual that is in effect on the date of the submittal of the stormwater
management plan.
Where a State Coastal Stormwater Permit (in accordance with 15 A NCAC 2H.1000) is
required, this permit may be considered to meet this condition.
10. Deed Notifications
Deed notifications 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 at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
Mr. Jonn Atkinson, Jr. Of i ne xeserve ueveiopmem wrupany, LLU
Page 5 of 5
August 4, 2008
11. Sewer Systems
The project shall comply with 15A NCAC 2H.02 19(i)(2)(G) and all other State, Federal and local
sewer system regulations.
12. 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.
13. 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, Raleigh, 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.
This the 4`h day of Augu 08
DIVISION OF W TE ALITY
oleen H. Sullins
3722
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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. Hall Barnett and Mr. John Atkinson, Jr. of The Reserve
Development Company, LLC, respectively, have permission as outlined below to fill or otherwise impact 1.56
acres of 404/wetland as described in your application dated February 28, 2007, and received by the DWQ on
March 5, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 23rd day of March of 2007
(received by DWQ on March 23, 2007), and all additional information received by the DWQ on August 21, 2007,
September 27, 2007, December 3, 2007, modification request on March 25, 2008, with additional information
received on April 16, 2008, and June 17, 2008, construct the proposed Reserve At St. James Plantation, which is
located southwest of the intersection of Highway 211 and Midway Road in St. James, Brunswick 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
NC EEP NAME The Reserve at St. James Plantation
DWQ PROJECT 19930786, Ver. 3
LOCATION: St. James
COUNTY Brunswick
BASIN/ SUB BASIN Cape Fear/03030005
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
font accnrrlinu to 15 ?R 0503(b).
v Im acts Mitigation___
1.56 acres 404/Wetlands 0.86 acres wetland credits from NC EEP [and 0.65 acres of onsite wetland
restoration and preserving all remaining wetlands (1,275 acres of wetlands)
and streams (5,700 linear feet of stream
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: 930786Ver3TheReserveAtS
401 Oversight/Express Review Permitting Unit
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