20041713 Ver 1_Approval Letter_20060110

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Mr. Lewis R. Holding, President
The Nassau Corporation
PO Box 151
Raleigh, NC 27602
Michael F. Easley, Governor
Sincerely,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 10, 2006
Re: Dolphin Ridge and Royall Oaks Subdivision, Carteret County
DWQ #041713; USACE Action ID. No. 200401077
APPROVAL of 401 Water Quality Certification
Dear Sirs:
Attached hereto is a copy of Certification No. 3542 issued to Mr. Lewis R. Holding of The Nassau
Corporation, dated December 7, 2005. Please replace the Certification issued to you on October 19, 2005
with this Certification. 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.
AWK/cbk
Attachments: Certificate of Completion
Klim , P.E.
cc: Frank Sheffield, Jr., Ward and Smith, P.A.
Mickey Sugg, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Noelle Lutheran, DWQ, Wilmington Regional Office
Trentt James, DLR Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Central Files
Filename: 041713DolphinRldge_RoysiOaksSD(Carteret)IC
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] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
The Nassau Corporation
Page 2 of 5
January 10, 2006
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. Lewis R. Holding of The Nassau Corporation to fill 0.08
acres of jurisdictional wetlands in the White Oak River Basin, associated with the development of Lot 2 in
Royall Oaks Subdivision and Lots 12, 93, and 9 in Dolphin Ridge Subdivision in Emerald Isle, Carteret
County, North Carolina, pursuant to an application filed on the 25th day of January of 2005, and in
additional correspondence received May 18, 2005, and August 24, 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.
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 beyond
restrictions set forth in Declarations, 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:
Amount Approved Plan Location or Reference
Units
404 Wetlands 0.08 (acres) 367 square feet - Lot 2 Royall Oaks
58 square feet - Lot 12 Dolphin Ridge
2768 square feet - Lot 93 Dolphin Ridge
337 square feet - Lot 9 Dolphin Ridge
Sediment and Erosion Control:
2. Standard Erosion and Sediment Control Practices
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:
The Nassau Corporation
Page 3 of 5
January 10, 2006
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
e. 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 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. Lewis R. Holding and The Nassau Corporation, 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. Lewis R. Holding and/or The Nassau Corporation 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 211.0504. Any new or revised conditions shall be
provided to Mr. Lewis R. Holding and/or The Nassau Corporation 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;
Mitigation:
6. Mitigation must be provided for the proposed impacts as specified in the table below and described in
the "Wetland Mitigation Plan Dolphin Ridge and Royall Oaks Subdivisions, Carteret County, North
Carolina" prepared by Spangler Environmental, Inc., dated January 21, 2005 and modified wetland
impact areas received in additional information provided to the Wilmington Regional Office by Ward
and Smith, P.A. on August 24, 2005. The proposed compensatory mitigation on Lots 11 and 12 of
The Nassau Corporation
Page 4 of 5
January 10, 2006
Dolphin Ridge Subdivision and 39 of Royall Oaks Subdivision must be completely constructed and
implemented except for any seasonal planting and yearly monitoring according to the plans approved
by this Office before any land disturbing activity takes place on Lot 2 of Royall Oaks Subdivision and
Lots 12 and 9 of Dolphin Ridge Subdivision. The proposed compensatory mitigation on Lot 41 of
Royall Oaks Subdivision must be completely constructed and implemented according to the plans
approved by this Office before any land disturbing activity takes place on Lot 93 of Royall Oaks
Subdivision. 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.
Compensatory Credit Mitigation Required
404 Wetlands 0.12 acres (5,269 square feet)
Creation • Lots 11 & 12 Dolphin Ridge- 1,666 square feet
Maritime Swamp Forest
• Lot 39 Royall Oaks - 1,443 square feet
Interdune Pond
• Lot 41 Royall Oaks - 2,160 square feet
Interdune Pond
7. Monitoring of the wetland creation areas specified above must be performed in accordance with the
"Wetland Mitigation Plan Dolphin Ridge and Royall Oaks Subdivisions, Carteret County, North
Carolina" prepared by Spangler Environmental, Inc., dated January 21, 2005 and modified wetland
impact areas received in additional information provided to the Wilmington Regional Office by Ward
and Smith, P.A. on August 24, 2005. An Annual monitoring report must be submitted to the
Wilmington Regional Office and this office on June 1 of each year beginning with June 1, 2006.
Other conditions:
8. To ensure that the fill placed on the lots is limited to the permitted filled areas, Nassau Corporation
must complete the fill activities on each of the lots before each lot is sold to a future owner.
9. Orange silt fencing must be installed along the approved wetland fill boundary on lot 2 in Royall
Oaks Subdivision and lots 12, 93 and 9 in Dolphin Ridge Subdivision prior to any land disturbing
activities on these lots.
10. Retaining walls must be constructed in accordance with the "red lines" depicted on the surveys,
submitted to the Wilmington Regional Office on August 24, 2005, of Lot 2 in Royall Oaks
Subdivision and Lots 12 and 93 of Dolphin Ridge Subdivision prior to the fill be placed on each lot.
Certificate of Completion:
11. 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.
12. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers on Lots 2, 38, and 41 of Royall Oaks Subdivision and Lots 9, 11, 12 and
93 of Dolphin Ridge Subdivision in order to assure compliance for future wetland, water and buffer
The Nassau Corporation
Page 5 of 5
January 10, 2006
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate.
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 19th day of October 2005
DIVISION OF WATER QUALITY
AWK/cbk
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Filename: 041713 DolphinRidge_RoyalOaksS D(Catteret)IC