20052066 Ver 5_Approval Letter_20090403

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 3, 2009
Mr. Eric Avery
Corolla Bay, LLC
821 Ocean Bay Trail, Suite 4
Corolla, NC 27927
Dee Freeman
Secretary
Re: Corolla Bay, Currituck County
DWQ #20052066, Ver. 5; USACE Action ID. No. SAW-2008-00770
Currituck Sound [030154,30-1, SC]
APPROVAL of 401 Water Quality Certification, and Isolated Wetland General Permit with
Additional Conditions
Dear Mr. Avery:
Attached hereto is a copy of Certification No. 3788 issued to Mr. Eric Avery and Corolla Bay, LLC, dated
April 3, 2009. Also, we have determined that this Isolated Wetland fill is covered by the State General
Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). 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
IWGP 100000
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Washington Regulatory Field Office, Wilmington District, USACE
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
Doug Huggett, DCM
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 28557
File Copy
Kendal Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
Filename: 052066Ver5Corol IaBay(Cu rri tuck)401_I C
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
?aturallr?
An Equal Opportunity 1 Affirmative Action Employer
Corolla Bay, LLC
Page 2 of 5
April 3, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS PERMIT AUTHORIZATION 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. Eric Avery and Corolla Bay, LLC, to fill or
otherwise permanently impact 1.46 acres of 404/wetlands and 1.58 acres of Isolated Wetlands, to construct
the proposed residential development at the site, which is located on the east and west sides of Ocean Trail
(NC Highway 12), approximately 1.45 miles south of Currituck lighthouse, adjacent to Currituck Sound,
Corolla, Currituck County, North Carolina, pursuant to an application dated December 21, 2007, and
received by the DWQ on January 11, 2008, and by Public Notice issued by the U.S. Army Corps of
Engineers June 3, 2008 (received by DWQ on June 3, 2008), and by additional information received by the
DWQ on January 29, 2008, September 4, 2008, and February 26, 2009. Also, we have determined that this
Isolated Wetland fill (1.58 acres of Isolated Wetland) is covered by the State General Permit for Impacts to
Isolated Wetlands and Isolated Waters (IWGP100000).
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
Approval is required. If the property is sold, the new owner must be given a copy of the Approval and
Approval letter and is thereby responsible for complying with all conditions of this Approval. Any new
owner must notify the Division and request the Approval 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 Approval:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Approval are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 1.46 (acres) A lication and PN
Isolated Wetland 1.58 (acres) Application and PN
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:
Corolla Bay, LLC
Page 3 of 5
April 3, 2009
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. 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control. measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds
or banks, adjacent to or upstream and down stream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program 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;
Continuine Compliance:
6. Mr. Eric Avery and Corolla Bay, 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 Approval to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Approval, the Division shall notify Mr. Eric Avery and Corolla Bay, 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. Eric Avery and Corolla Bay, LLC in
writing, and 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;
Corolla Bay, LLC
Page 4 of 5
April 3, 2009
Mitigation:
7. Compensatory Mitigation Using the Great Dismal Swamp Restoration Bank, LLC
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 Great Dismal Swamp Restoration Bank, LLC
to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. Until the Great Dismal Swamp Restoration Bank,
LLC receives and clears your check, no impacts specified in this Authorization Certificate shall
occur. The Great Dismal Swamp Restoration Bank, LLC should be contacted at [phone]
if you have any questions concerning payment into a restoration fund. You have 60 days from
the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Great Dismal Swamp Restoration Bank, LLC to
meet the following compensatory mitigation requirement:

Type of Impact Comp ensator Mitigation Required River and Sub-basin Number
404/Wetland 1.46 (acres) Pas uotank/03010205
Isolated Wetland 1.58 (acres) Pas uotank/03010205
8. Construction Stormwater Permit NCG010000
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 (NCG010000) 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.;
9. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://h2o.enr.state.nc.us/ncwettands/documents/SMPRequirementsforApplicantsotherthanNCDO
T.pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification
occur. If a development is phased, then the SMP for each future phase must approved by
the 401 Oversight/Express Unit or, if the project is subject to another state stormwater
program, a copy of the approval letter and approved SMP must be submitted before any
impacts associated with that phase may occur.
• 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.
Corolla Bay, LLC
Page 5 of 5
Aprit 3, 2009
• 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 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.
10. Certificate of Completion
Upon completion of all work approved within this Approval, 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, and the
authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your
application and as authorized by this Permit, shall expire upon expiration of IWGP100000
(October 31, 2013) or unless otherwise rescinded by the Director of the Division of Water Quality.
If this Approval is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Approval. 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 Approval, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Approval. Unless such demands are made,
this Approval shall be final and binding.
This the 3rd day of r.12009
7XW QUALITY
Coleen H. Sullins
3788
CHS/cbk/ijm