20041167 Ver 1_Approval Letter_20050328

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2005
Mr. Dallas Harris
Dallas Harris Real Estate Construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Re: West Bay Estates Phase V, VI, & VII
DWQ #041167; USACE Action ID. No. 20020214
APPROVAL of 401 Water Quality Certification
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 3506 issued to Mr. Dallas Harris of Dallas Harris Real
Estate Construction, Inc., dated March 28, 2005. 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.
Sincerely,
,~~
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Stephen Rynas, DCM, Morehead City
Noelle Lutheran, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
David Syster
Filename: 041167WestBay(NewHanover)401
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http~//h2o enr state.nc us/ncwetlands
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An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Dallas Harris Real Estate Construction, Inc.
Page 2 of 5
March 28, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Dallas Harris of Dallas Harris Real Estate Construction,
Inc., to fi110.61 acres of jurisdictional wetlands and 2.79 acres of jurisdictional waters in the Cape Fear
River Basin, associated with the construction of West Bay Estates in New Hanover County, North Carolina,
pursuant to an application filed on the 28th day of March of 2005, and in additional correspondence
received November 15, 2004, and March 11, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe 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 maybe 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:
Amount Approved
(Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands 0.61 (acres) Im acts 1 - 12, and 14 -20
Waters 2.79 (acres) Impact 13
Buffers N/A (square ft.)
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.

Dallas Harris Real Estate Conshuction, Inc.
Page 3 of 5
March 28, 2005
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 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
Continuing Com liance:
5. Dallas Harris Real Estate Construction, Inc., shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Dallas Harris and/or Dallas Harris Real Estate Construction, Inc., 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. Dallas Harris and/or Dallas Harris Real Estate Construction, Inc.,
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;
Miti ation:
Mitigation must be provided for the proposed impacts as specified in the table below. The
compensatory mitigation plan titled "Westbay Estates Mitigation Plan" dated March 7, 2005, must be
completely constructed and implemented according to the plans approved by this Office before any
permanent building or road associated with the project is occupied or opened. The mitigation must be
maintained according to the approved plan and permanently protected by the use of conservation
easements or similar protections. Any repairs or adjustments to the mitigation site must be made
according to the approved plan or must receive written approval from this Office to make the repairs
or adjustments.

Dallas Harris Real Estate Construction, Inc.
Page 4 of 5
March 28, 2005
Compensatory Credit Mitigation Required
Stream N/A (feet)
Wetlands 1.18 (acres)
Waters 50,6131inear feet (2.79 acres)
Buffers N/A (s uare feet)
Mitigation Monitoring:
A report must be submitted annually to both the Central Office of the Division of Water Quality
and the Wilmington Regional Office of DWQ, for 5 years. This report must be submitted by June 1
of each year following the installation of the wetland mitigation area. All well sample results and rain
gauge results must be provided as an addendum to the report. The Wetland Mitigation Monitoring
Report must include the following: 1) vegetative counts and photographs, 2) hydrological status of
wetlands, and 3) biological monitoring data.
Other Conditions:
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, and
waters in order to prevent future wetland and water impacts. These mechanisms shall be put in place
and a copy must be submitted to the DWQ Wilmington Regional Office prior to impacting any
wetlands and/or waters approved for impact under this Certification Approval and Authorization
Certificate.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
10. 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.
11. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance 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 maybe found at
lcttp •//h ~c~ enr date. rac. us/su/Forms Docur~tents.Iztm.

Dallas Harris Real Estate Construction, Inc.
Page 5 of 5
March 28, 2005
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 28th day of March 2005
DIVISION OF WATER QUALITY
1 ~~
Alan W. Klimek, P.E.
3506
AWK/cbk