20080859 Ver 1_Approval Letter_20090422

M
A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 22, 2009
Nils Ladenburg
Audubon Villages, LLC
4628 N. Croatan Highway
Kitty Hawk, NC 27949
Re: Audubon Village
DWQ Project No. 20080859; USACE Action ID. No. SAW 2008 01521
Whitehurst Creek [030504, 21-35-1-12-2, SA, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ladetburg:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3791 issued to Mr. Nils Ladenburg of Audubon Villages,
LLC, dated April 22, 2009. 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/Ym
Attachments: Certificate of Completion
Sinc ly,
9VI Coleen Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Mickey Sugg Wilmington District, USACOE
oanne een uts, , i mingtonftgionlal-of lul -
Paul Worthington, DLR, Wilmington Regional Office
File Copy
Doug Huggett, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC 28557
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 080859Audubon V i I lage(Carteret)40I _IC
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/ncwetiands/
NorthCarolina
Natmallty
An Equal Opportunity 1 Affirmative Action Employer
Audubon Villages, LLC
Page 2 of 5
April 22, 2009
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 21-1, Section .0500 to Mr. Nils Ladenburg of Audubon Villages, LLC to fill 3.88
acres of wetlands in the White Oak River Basin, in association with construction of a commercial
component of the Audubon Villages project, Carteret County, North Carolina, pursuant to an application
filed on the 21" day of April, 2008, and received by the DWQ on the 22°d day of May, 2008, and by Public
Notice issued by the USACE on the 21s` day of May, 2008, and received by the DWQ on May 22, 2008,
Any by all additional information received by the DWQ on November 6, 2008, and April 20, 2009.
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 and additional information received by DWQ. 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 21-1.0506 (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 nits Plan Location or Reference
404/401 Wetlands 3.88 acres Sheet D-1 Commercial Site Plan Stamped
Received 12/19/08
Coastal Wetlands
Streams
Audubon Villages, LLC
Page 3 of 5
April 22, 2009
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.
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 404/40 1 Permit 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;
Continuing Compliance:
5. Mr. Nils Ladenburg of Audubon Villages, 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
lure-t-o sustain-a-designat-ed-or-ac-h-ieved-use)-or-that-State-or-federal-la-w-is-being vioIatedor 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. Nils Ladenburg of Audubon Villages, LLC, and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be
provided to Mr. Nils Ladenburg of Audubon Villages, 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;
Audubon Villages, LLC
Page 4 of 5
April 22, 2009
1. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
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 NCDENR Wetlands Trust Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into the 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 NCDENR Wetlands Trust Fund to meet the following
compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (linear feet)
Wetlands 3.88 (acres) White Oak 03020106
Waters (acres)
Riparian Buffer (square feet)
Other conditions:
7. 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.
8. 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 lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.ne.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
9. 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;
10. Stormwater Management Plan (SMP) Approval Required
The final written Stormwater Management Plan (SW8 090101) including a signed and notarized
Operation and Maintenance Agreement dated 12/16/2008 for Phase I Residential was approved
04/01/2009. The commercial Phase of this project indicated in the 401 application will need a
Stormwater Management Plan (SMP) 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/ncwetlands/documents/SMPRequirementsforApplicantsotherthanNC_DOT.p
df.
Audubon Villages, LLC
Page 5 of 5
April 22, 2009
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 be 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.
• 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
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260 prior to the commencement of the
modifications.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, 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.
DIVISION F
Coleen Sullins
CHS/cbk/Ym
3791
7'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Nils Ladenburg of Audubon Villages, LLC, have permission to fill or
otherwise impact 3.88 acres of 404/wetland, to construct the proposed Audubon Villages mixed use development at
the site, which is located near Straits Community, Carteret 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 Audubon Villages
DWQ PROJECT #: 20080859
LOCATION: Straits Community
COUNTY Carteret
BASIN/ SUB BASIN White Oak/03020106
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 foot
according to 15 2R.0503(b).
Impacts Mitigation
3.88 Acres 404/Wetlands 3.88 Acres 404/Wetlands
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]
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/ncwetiands/
Filename: 080859AudubonVillage(Carteret)401 _IC_EEP
N?orthCarofina
aturallr?
An Equal Opportunity 1 Affirmative Action Employer