20171552 Ver 2_Approval Letter_20180309

Strickland, Bev
From: Mairs, Robb L
Sent: Tuesday, April 17, 2018 8:52 AM
To: 'Kim Williams'
Cc: 'Greer, Emily C CIV USARMY CESAW (US)'
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
Attachments: 20171552v2 songbird landing sub. 401-carteret mar. 18.docx.pdf, GC4139.pdf
Hey Kim,
Attached is the 401 Cert. that was issued on March 9th. Hard copy will be in today's mail.
Thanks and sorry for the confusion.
Robb Mairs
Environmental Senior Specialist
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
[e-mail]
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
permits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Tuesday, April 17, 2018 8:38 AM
To: Mairs, Robb L <[e-mail]>
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Hi Robb
I haven't been able to track down the permit from Mr. Smith. Can you print another copy?
Thanks so much!
Kim
1

-----Original Message -----
From: Mairs, Robb L [mailto:[e-mail]]
Sent: Monday, April 16, 2018 9:52 AM
To: Kim Williams <[e-mail]>
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
Hey Kim,
I issued this one the day you provided the revisions. I may have sent out the permit to the applicant after it was signed,
and not scanned it. If I didn't, I'll have Morella sign it again.
Thanks,
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Tuesday, April 10, 2018 10:58 AM
To: Mairs, Robb L <[e-mail]>
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Hi Robb
Do you have everything you need in order to revise the Songbird Landing 401 WQC? Do you need hard copies of the
revised PCN?
Thanks!
Kim
-----Original Message -----
From: Kim Williams
Sent: Thursday, March 08, 2018 11:54 AM
To: 'Mairs, Robb L' <[e-mail]>
Cc: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
Hi Robb
Attached is the revised PCN and NWP. Thanks so much for your assistance!
(:�
-----Original Message -----
From: Mairs, Robb L [mailto:[e-mail]]
Sent: Wednesday, March 07, 2018 1:57 PM
To: Kim Williams <[e-mail]>

Cc: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
Hey Kim,
I heard back from Karen and we will have to issue this as a modification, however we don't require an application fee
since it's still part of the original application. Please send over the revised PCN and NWP once you receive it and I'll take
care of it.
Thanks,
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Tuesday, March 06, 2018 8:43 AM
To: Mairs, Robb L <[e-mail]>
Subject: [External] Songbird Landing SAW -2008-03163 & DWR# 2017-1552
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Hi Robb
I wanted to let you know that since you issued the 401 for Songbird Landing, we went back and forth with Emily Greer a
few times on the application and the impacts ended up changing (see email chain below). 1) Emily felt that Wetland
Pocket G was going to be impacted by adjacent lot development. So we went ahead and showed the entire pocket as an
impact. This increased our total 404 wetland impact from 0.156 to 0.303 acre. 2) We also realized that we had used the
wrong channel width when calculating Open Water impacts. So open water impacts decreased from 0.242 acre to 0.057
acre. Isolated wetland impacts remain 0.08 acre. Attached are the latest site plans and PCN.
Can you revise the 401 WQC to match what she is going to permit (we expect to get the NWP within the next few days)?
I am really sorry for the inconvenience! Let me know if you need anything else.
Thanks!
Kim
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US)[mai Ito: [e-mail]1]
Sent: Monday, March 05, 2018 1:52 PM
To: Kim Williams <[e-mail]>
Subject: RE: Request for additional information RE Songbird Landing SAW -2008-03163 (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
(;"
We're good on this one. Thank you for your efforts. You can go ahead and send the updated reservation letter.
Thanks!
eg

-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Wednesday, February 21, 2018 4:52 PM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: Request for additional information RE Songbird Landing SAW -2008-03163
(UNCLASSIFIED)
Hi Emily
See below and attached for our response to your comments. Let me know if you have any other questions.
Thanks!
Kim
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US)[mai Ito: [e-mail]1]
Sent: Monday, February 12, 2018 6:51 PM
To: Kim Williams <[e-mail]>
Subject: RE: Request for additional information RE Songbird Landing SAW -2008-03163 (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Kim -
COMMENT: Can you provide a descriptive narrative for Wetland F that is sufficient enough to boost our confidence that
there will not be an adverse hydrologic effect on the wetland as a result of the stormwater facility?
RESPONSE: The permanent pool elevation is considered to be the lowest amount of water that the pond will have. After
a rain event, it will have a higher water level (temporary pool). The temporary pool elevation is 35', which is 2' higher
than the wetland elevation. It generally takes 2 -5 days for the water level to then fall back down to the permanent pool
level. So there will be a considerable amount of time during the year when the pond has water at or above the wetland
elevation. Furthermore, the effect that a permanent pool elevation that is 6" below the wetland elevation would be
similar to a 6" deep ditch next to the wetland. The hydrologic effect would be negligible.
For further information about soils types, attached is the SHWT and Infiltration Study conducted by LMG last year for the
soils at the stormwater pond locations.
COMMENT: Please explain what a 1" 24 -hr storm overflow is in lay terms, how often that event is expected to occur, and
how it would counter the hydrologic draw from the 0.5' difference in elevation between the wetland and normal pool in
addition to the interception of surface flows to this wetland.
RESPONSE: Rainfall events measuring one inch in 24 hours are fairly common in this region and occur once a month on
average. The project engineer prepared the attached table from NOAA that documents that from 1981 - 2010 (Weather
Station Wilmington) there was an average of 16.9 days each year that recorded one inch of precipitation.
COMMENT: Knowing the elevation of the spillway may help us.
RESPONSE: The elevation of the spillway will be 35'. Please see the detail on Sheet 4.

COMMENT: Also, please discuss how the flow patterns of this area are going to work. Will the wetland sheetflow to the
southwest and into Wetland D? Will this be enough water that there will be an anticipated effect on Lots 51 & 52 during
these events?
RESPONSE: Excess runoff will sheet flow from Wetland F to Wetland D. Lots 51 & 52 will be graded at a higher elevation
than the flow path to safeguard against possible impacts.
COMMENT: Will ditches be excavated within the drainage easements that aren't shown as being piped? For example, it
appears that the 15' drainage easement to the northeast of the pond will discharge directly into Wetland D, which
indicates this is potentially going to be a ditch.
RESPONSE: According to the project engineer, the proposed drainage easements around the pond are for the required
NC DEQ 10' maintenance access and will not contain swales or piping.
COMMENT: It appears that stormwater from the easements will be directed into the pond behind Lot 51 and then
discharged into Wetland D behind Lot 52. Correct?
RESPONSE: That is correct.
COMMENT: Is the hashed area that's shown going from the pond outfall to Wetland H a vegetated or rocked swale or a
ditch or pipe? These are pretty wet wetlands and at this point we are considering requiring hydrology monitoring for
three years for this wetland. We don't want to have to take on that workload if we don't have to so please include any
information that will help us better understand how this is all going to work and still support the hydrologic viability of
this wetland post construction.
RESPONSE: Per the project engineer, the outfall behind Lot 52 will be a vegetative filter. The detail has been added to
Sheet 4 (SA Pond Outlet Detail).
COMMENT: Please also confirm that wetlands exist on the following lots, and therefore a deed notification is required:
East side lots (which I believe will be called The Arias @ Songbird Landing) 4-5, 9-15, and 52-54; West side lots 25-28, 31,
33-35.
RESPONSE: The following lots have wetlands:
West Side: 4-5, 9-17, and 52-54
East Side: 25-28, 31, 33-35
COMMENT: The "Site Data" on the original overall drawing indicates that Lot 16 within the Arias has wetlands on it but
that lot and Lot 17 are not shown. Please provide a drawing that shows the entire development.
RESPONSE: The attached site plan now shows Lots 16 and 17.
COMMENT: Additionally, are they really going to leave 0.04 -ac of Wetland E? If so, the viability of this wetland needs to
be addressed similar to G and F.

RESPONSE: No. The developer plans to impact the entire Wetland E pocket. The discrepancy in the acreage on the labels
is just a rounding issue. One of the labels rounds to the thousandth place and one rounds to the hundredth. Square
footage is the same though.
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Friday, February 9, 2018 11:01 AM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: Request for additional information RE Songbird Landing SAW -2008-03163
(UNCLASSIFIED)
Hi Emily
Thanks for your comments.
For the retention pond near Wetland F, the engineer agrees to discharge some treated stormwater back into the
wetland. The revised site plan (attached) shows an emergency spillway that will direct water (1" 24-hour storm
overflow) into the pocket in order to help maintain wetland hydrology.
The applicant agrees to assume Wetland G will be impacted for lot development and will mitigate for these additional
impacts. Total impacts are now 0.303 acre of Section 404 non -riparian wetlands and 0.057 acre of jurisdictional ditches.
We plan to mitigate for the wetland impacts by purchasing 0.6 acre of non -riparian wetland credits from the NECFUMB.
I will request a mitigation acceptance letter once I hear back from you on this response.
Let me know what you think.
Thanks!
Kim
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US)[mai Ito: [e-mail]1]
Sent: Tuesday, February 06, 2018 5:36 PM
To: Kim Williams <[e-mail]>
Subject: RE: Request for additional information RE Songbird Landing SAW -2008-03163 (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
(;"
In reference to secondary effects on Wetland F, I need the applicant to address the fact that a retention pond is being
constructed almost entirely around the wetland. Knowing how the site generally flows, it seems that surface waters will
be completely intercepted by the pond. I'm not seeing on the drawings if or how the water will be released to the
wetland after treatment.
Additionally, the applicant stated that the permanent pool elevation of the pond is 32.5' and the wetland is 33' (32.7').
Given the size and landscape position of the wetland, it seems that the elevation difference will also have an adverse
effect on the wetland's hydrology. How will wetland hydrology remain intact?

In reference to secondary effects on Wetland G, the wetland is being left in people's backyards where it is going to be
consistently maintained, in addition to the fact that it's been designed to where the wetland will be right at the property
line of several lots where fences will be installed all through the wetland. How will this wetland not incur secondary
impacts, or even direct impacts? Also, please have the house footprint put on Lots 50 and 51. At this point, I don't agree
that these are viable lots and that wetland G should not be considered an impact that should be mitigated for.
The Service stated that it is the non -protected species of Sarracenia that exists onsite, fyi.
We can address the mitigation question once we receive adequate information for the above issues.
Let me know if you have any questions.
Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Friday, January 26, 2018 7:38 AM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: Request for additional information RE Songbird Landing SAW -2008-03163
(UNCLASSIFIED)
Hi Emily
See responses to your comments below.
Thanks!
Kim
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US)[mai Ito: [e-mail]1]
Sent: Friday, January 12, 2018 3:48 PM
To: Kim Williams <[e-mail]>
Subject: Request for additional information RE Songbird Landing SAW -2008-03163 (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
(;"
COMMENT: I've been trying to seek comment/guidance on this one from other agencies. My concern surrounds the
presence of the species Sarracenia on the site. Yesterday, I attempted to determine if the protected species S. oreophila
is present onsite but my maps and mental tracking were lacking. I'll try to go back early next week but not sure I will be
able to then due to potential bad weather. Currently, our thinking is that if it is not the endangered species, we may
suggest that the species be relocated onsite to the larger, undisturbed wetland. Obviously, the plan may be different if it
is the protected species.

RESPONSE: Let me know what you find out. I believe the S. oreophila is typically found in the mountains. But if there are
rare pitcher plants in wetlands to be impacted, we can coordinate with the developer to have them moved.
COMMENT: For now, the drawings for this project are hard to see.
RESPONSE: Attached are revised drawings that break the overall site plan into two different drawings (Sheets 2 & 3).
Additionally, the detention pond and forebay section for Pond D is on a separate figure (Sheet 4).
Please note that it was recently discovered that the open water impacts were incorrectly calculated on the previous
drawings and PCN form. They used a ditch width of 10' to 12'. But according to the wetland survey, these jurisdictional
ditches are only 3' wide. The revised drawings recalculated the Open Water Impacts 1 and 2 with this narrower width.
Total Open Water Impacts are now 0.057 acre. I have also attached the revised page 6 of the PCN.
COMMENT: In addition, it is hard to determine if there will be secondary effects on Wetlands F and G. Please provide
conclusive drawings (on multiple pages to reduce cluttering of the drawing) as well as a detailed discussion regarding the
potential for secondary impacts on the identified wetlands of concern.
RESPONSE: Sheet 3 shows the elevation of Wetlands F to be around 33'. Sheet 4 provides the detention pond details and
shows the permanent pool elevation of Pond D will be 32.5'. Since the wetland elevation and the proposed permanent
pool elevation are very similar, the pond is not expected to have a drainage effect on the wetlands.
Wetland G is approximately 400' away from the nearest stormwater pond. This pond will be placed where an existing
borrow pit is. Therefore, it is not expected to have a drainage effect on this wetland pocket.
COMMENT: Drawings should show the footprint of the proposed structures for Lots 79 and 50/51.
RESPONSE: Lot setbacks are shown on Lots 50 and 51. We have also included setbacks and house footprints on Lots 4 &
5 on Sheet 3. 1 don't see Lot 79?
COMMENT: Please also provide detailed views and a discussion of how Impact 01 will be successfully rerouted into the
drainage easement to allow for continued flow and circulation of hydrology to downstream wetlands and waters.
RESPONSE: Sheet 3 shows the proposed 20' wide drainage easement that will begin at the same location as the existing
ditch (non -jurisdictional at that point). The drainage easement will go west, under a road, and eventually tie into the
existing wetlands. A cross section of the swale is provided on Sheet 4.
COMMENT: Please be aware that mitigation for reasonably foreseeable secondary impacts may be required. Also, please
provide an updated mitigation credit reservation letter that reflects the standard 2:1 ratio.
RESPONSE: Proposed impacts to 404 wetlands are 0.156 acre. At a 2:1 ratio, this is 0.312 acre. For my clarification, are
you requiring 0.4 acre of non -riparian wetland credits? I just want to make sure I am requesting the correct amount.
Feel free to contact me with additional questions.
Emily Greer, Regulatory Specialist

Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Thursday, December 7, 2017 11:21 AM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [EXTERNAL] RE: Songbird Landing NWP application (UNCLASSIFIED)
Thanks so much!
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US) [mai Ito: [e-mail]1]
Sent: Thursday, December 07, 2017 11:08 AM
To: Kim Williams <[e-mail]>
Subject: RE: Songbird Landing NWP application (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Thanks!
-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Thursday, December 7, 2017 7:37 AM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [EXTERNAL] RE: Songbird Landing NWP application (UNCLASSIFIED)
Hi Emily
Can you email me the JD? For some reason, I don't have any record of it.
Thanks for the update on the JDs. We will let our clients know.
(:�
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US) [mai Ito: [e-mail]1]
Sent: Wednesday, December 06, 2017 4:07 PM
To: Kim Williams <[e-mail]>
Subject: RE: Songbird Landing NWP application (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Actually the JD has been issued for this one.
I'm getting around to the JDs you guys have sent in; however, per Eric's directive I am attending to my JD backlog first. It
will likely be late feb/march before I can conduct any site visits for the new submittals as Dec and Jan are already
booked out. I'll know better by the end of the month.

-----Original Message -----
From: Kim Williams [mailto:[e-mail]]
Sent: Wednesday, November 22, 2017 7:07 AM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>; Mairs, Robb L <[e-mail]>
Subject: [EXTERNAL] Songbird Landing NWP application
Hi Emily and Robb
I've got another one for you. This NWP 29 application is for the Songbird Landing Subdivision near Hampstead. Hard
copies are in the mail.
Thanks!
Kim
Kim Williams I Environmental Scientist
Land Management Group, Inc I Environmental Consultants
Direct: 452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: [phone]
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
Email: [e-mail] <mailto:[e-mail]> I Website:
Blocked Blocked Blocked Blocked Blocked Blockedwww.Imgroup.net
<BlockedBlockedBlockedBlockedBlockedBlockedhttp://www.Imgroup.net/>
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
10

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41 (RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51 (LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 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 Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) of the US Army Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

GC4139
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one-tenth (1/10) acre; or
g) Any high-density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
L Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval.; or
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS -I, WS -II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H.05061; or
j) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B.0200); or
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
L The activities are listed as "EXEMPT" from these rules; or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11

GC4139
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4)
and (c)(4)]
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high-
density projects that trigger threshold Item (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
Page 3 of 11

GC4139
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control meAsure (SCM) supplemental forms and
associated items, that complies with the high-density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide calculations to document that the project will not cause degradation of
downstream surface waters. Documentation shall include a detailed analysis of the
hydrological impacts from stormwater runoff when considering the volume and velocity
of stormwater runoff from the project built upon area and the size and existing
condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H.0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B.0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non -404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Page 4 of 11

GC4139
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026.0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS -I, WS -II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 046 .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B.0201]
Page 5 of 11

GC4139
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 0413.01251
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 6 of 11

GC4139
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
Page 7 of 11

GC4139
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 0213 .0200 and 15A NCAC 026 .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 0213.0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 8 of 11

GC4139
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
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, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
Page 9 of 11

GC4139
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site-specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 10 of 11

GC4139
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
Page 11 of 11

DocuSign Envelope ID: 896BEE07-280D-49B5-844A-5C97D2201 EF7
3},y
Water Resources
Environmental Quality
Mr. Eugene Smith
c/o Pender Land Holdings, Inc.
666 Tintagel Lane
McLean, VA 22101
Subject Property
March 9, 2018
Songbird Landing Subdivision — Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Smith,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULLPEPPER
Interim Director
DWR Project # 2017-1552v2
Pender County
You have our approval, in accordance with the attached conditions and those listed below, to impact an
additional 0.147 of 404 wetlands area, and a revised open water impact of 0.057 acres in order to
construct a new subdivision as described in your application received by the N.C. Division of Water
Resources (DWR) on March 8, 2018. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number 4139 (GC4139).
This Certification allows you to use the Nationwide Permit 29 when issued by the U.S. Army Corps of
Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. 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 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsand permits.
This approval is 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 fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
L. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
--Nothing C:ompares7_t_,
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215

DocuSign Envelope ID: 896BEE07-280D-49B5-844A-5C97D2201 EF7
Songbird Landing Subdivision- Fender County
DWR Permit # 20171552v2
March 9, 2018
Page 2 of 4
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name 115A NCAC 02H .0501 and .05021.
2. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project a copy of this
certification. A copy of this certification including all conditions shall be available at the project site
during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with 303(d) of
the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division
determines that such standards or laws are not being met, including 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, than the Division may reevaluate and modify this General Water Quality
Certification. [15A NCAC 02H .0507(d)]
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or

DocuSign Envelope ID: 896BEE07-280D-49B5-844A-5C97D2201 EF7
Songbird Landing Subdivision- Pender County
DWR Permit # 20171552v2
March 9, 2018
Page 3 of 4
chemical spill, the permittee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215
and after hours and on weekends call [phone]. Management of such spills shall comply
with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A
NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the Director,
or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours 15A NCAC 02H.0502(e).
10. 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 and/or authorized agent is required to return a
completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina
Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project
completion. The certification of completion is available at:
http://Porta1.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.

DocuSign Envelope ID: 896BEE07-280D-49B5-844A-5C97D2201 EF7
Songbird Landing Subdivision- Fender County
DWR Permit # 20171552v2
March 9, 2018
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional
Office at 910.796.7215 or [e-mail].
Sincerely, DocuSigned by:
E
lovt,(.(a Sa�,G�t,c,�, 64
E3ABA14AC7DC434...
Morella Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4139
Emily Greer - USACE Wilmington Regulatory Field Office -Electronic Copy
DWR 401 & Buffer Permitting Branch file -LF
Kim Williams- LMG Inc. -Electronic Copy
WiRO