20190928 Ver 1_Project Withdrawn_20190822

Strickland, Bev
From: [e-mail]
Sent: Thursday, August 22, 2019 11:59 AM
To: Mairs, Robb L
Cc: 'Charles Poindexter'; Montalvo, Sheri A
Subject: [External] The Terraces
Attachments: 150062 v2 the arbors 401.pdf, 150062 v2 the arbors 401 map.pdf
nal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
M
We would like to withdraw the Pre -Construction Notification, for The Terraces. Based upon the USACE's determination
that the project is connected to The Arbors, the impacts to wetlands will be treated cumulatively with that project. I've
attached a copy of the 401, for your convenience.
We will be submitting a DoA Standard Permit Application to the USACE and DWR, in the near future. As part of that
submittal, we will mail 4 copies of the application, with $570 filing fee, to the Raleigh office and will hand deliver a copy
to you.
Thank you, for your time and assistance, with this project.
Dana
50utkem r—nvironmental Group, Inc.
5515 South College Road, Suite L
Wilmington, NC 2841 2
Office: 9 10.-+5 2.27 i i
;mobile: 5,10.228.18-+1 (Preferred)
www.segi.us

O

PAT MCCRORY
K•,' Cxnrnmr
DONALD R. VAN DER VAART
s<•c""I"v
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
January 6, 2016
DWR # 2015 0062 V2
Pender County
Arbors Landdev, LLC
Attn: Robert Walden
6310 Seamist Ct.
Wilmington, NC 28409
Subject Property: The Arbors Subdivision, Surf City
MODIFICATION OF APPROVAL OF 401 WATER QUALITY
CERTIFICATION WITH ADDITIONAL CONDITIONS
Dear Mr. Walden:
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact an additional 0.13 acres of wetlands as described in your pre -construction
notification (PCN) application dated November 17, 2015 and received by the Division of Water
Resources (Division) on November 19, 2015 and subsequent information received on December
16, 2015 in the Wilmington Regional Office (WiRO). These additional impacts results in the
cumulative impacts of 0.25 acres of permanent impacts of wetlands and 0.04 acres of
temporary impacts to wetlands. This certification is a modification to the previous certification
issued on March 9, 2015. The conditions of the previously issued permit are still binding. These
impacts are covered by the attached Water Quality General Certification Number 3890 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 29 once it is issued to you 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, Water Supply Watershed, 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 approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
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:
State of Nosh Carolina I Depannrent of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 7967215

Arbors Landdev, LLC
Attn: Robert Waldon
DWR Project H 2015 0062 V2
June 6, 2016
Page 2 of 5
2. 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 application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this Certification 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 (15A NCAC 02H .0501 and .05021.
3. 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.
4. The applicant/permitee 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 Resources Certification.
5. Sediment and Erosion Control Measures
Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat,
suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and
(c)(3)]
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404/401 Wetlands
Permanent Temporary
Lots 5, 8, 9, 10, 11 and 38
5655 sf
Sheet C-2.1) (attached)
TOTAL
5655 sf (0.13 ac)
(please note that the drawing still
Project Cumulative
10680 sf (0.25 ac) 1618 sf (0.04 ac)
shows that Impact 1 is for 4,030 sf)
2. 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 application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this Certification 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 (15A NCAC 02H .0501 and .05021.
3. 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.
4. The applicant/permitee 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 Resources Certification.
5. Sediment and Erosion Control Measures
Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat,
suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and
(c)(3)]

Arbors Landdev, LLC
Attn: Robert Waldon
D W R Project # 2015 0062 V2
June 6, 2016
Page 3 of 5
6. Wetland Boundary Identification
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. (15A NCAC 02H .
7. 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)]
8. All temporary impacted areas will be restored to pre -construction natural conditions upon
completion of the project. Native vegetation shall be used for wetland and stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. 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 chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7315 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]
10. 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 02B .0200 (3)(f)]
11. The permitee 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)]
12. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision will
require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H
.0506(4) and 15A NCAC 02H .0501 and .0502]

Arbors Landdev, LLC
Attn: Robert Waldon
DWR Project # 2015 0062 V2
June 6, 2016
Page 4 of 5
13. 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 copy of the certificate of completion Form to the
DWR 401 and Buffers Unit within ten days of project completion (available at:
http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
14. Please copy The Wilmington Regional Office at the address on the letterhead page with a
copy of the as -built required by the USACE (Condition #6 under special conditions).
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 8:00am and 5:00pm, 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.
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

Arbors Landdev, LLC
Attn: Robert Waldon
DW R Project # 2015 0062 V2
June 6, 2016
Page 5 of 5
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne
Steenhuis in the Wilmington Regional Office at 910.796.7306 or [e-mail]
if you have any questions or concerns.
Sincerely,
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3890
cc: Charles Poindexter — Agent — electronic copy
Dana Lutheran —SEGi — electronic copy
Courtney Spears — DCM Morehead City — electronic copy
Emily Greer- USACE Wilmington Regulatory Field Office —electronic copy
Jennifer Burdette — DWR Wetlands and Buffers Unit
WiRO

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