20090002 Ver 1_No Written Concurrence_20090114

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Beverly Eaves Perdue, Governor

Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources

Cole en H. Sullins, Director
Division of Water Quality

January 14,2009

Pender County
DWQ Project #: 09 0002

Rocky Point Properties, LLC
Attn: Brian Kaiser, Agent
PO Box 1229
Wilmington, NC 28402

Subject Property:

FALLS MIST SUBDIVISION, ROCKY POINT
NO WRITTEN CONCURRENCE NEEDED

Dear Mr. Kaiser:

You have our approval, in accordance with the attached conditions; to impact 0.18 acres of wetlands for
access into the subject property described in your application dated December 1, 2008 and received by
The Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 6, 2009. 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://h20.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 401lWetlands Unit web site at
http://h20.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/MitigationlpreservatioIi.htm!. A
recorded copy of the deed notificationslrestrictive 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.

One .
Nj>.tthCarolma
;Vall/fIlIIII

North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone]
Wilmington Regional Office Internet: www.ncwaterqualitv.org Fax [phone]

Customer Service
1-877-623-6748

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper

Page Two
Rocky Point Properties, LLC
Attn: Brian Kaiser, Agent
DWQ Project #: 09 0002
January 14, 2009

."

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 andlor 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.

Attachment

anne Steenhuis
Senior Environmental Specialist

Enclosures GC 3705
Certification of Completion

cc: Troy Beasley - Withers & Ravenel
Ian McMillan - DWQ 401 Oversight Unit
Ronnie Smith - USACE Wilmington
Stephen Rynas - DCM Morehead
WiRO

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