20042019 Ver 3_Approval Letter_20110818

A
M
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 18, 2011
Mr. David Levinson and Anderson Creek Partners, LP
125 Whispering Pines Lane
Spring Lake, NC 28390
Re: Anderson Creek South, Harnett County
DWQ #20042019, Ver. 3; USACE Action ID. No. SAW-200641244
South Prong Anderson Creek [030614, 18-23-32-2, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Levinson:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3866 issued to Mr. David Levinson and Anderson Creek
Partners, LP, dated August 18, 2011. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion
Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/kah
Sincerely, j //
`/ K/441
C- Colleen R. Sullins
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Crystal Amschler, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office,
Wilmington District
Chad Turlington, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Chris Huysman, WNR, P.O. Box 1492, Sparta, NC 2867 5
Wetlands, Buffers, Stonnwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: htlp://portal.ncdonr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
042019Ver3AndersonCreekDevelopment(Harnett)401_IC
Mr. David Levinson and Anderson Creek Partners, LP
Page 2 of 6
August 18, 2011
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 02H, Section .0500 to Mr. David Levinson and Anderson Creek Partners, LP, to
fill or otherwise impact 9.53 acres of 404/wetland (2.43 acres for dam fill and roadways and 7.1 acres for
flooding), 2,300 linear feet of stream (836 linear feet stream for dam fill and roadways and 1,464 linear feet
flooding), to construct a residential subdivision with recreational impoundment at the site. The site is
located on the east side of Ray Road and Nursery Road, north of Overhills Road, south of Lemuel Black
Road, west of Country Time Lane, and to the north of Spring Lake, Harnett County, North Carolina,
pursuant to an application dated October 28, 2010 (received by the DWQ on November 9, 2010, and Public
Notice issued by the U.S. Army Corps of Engineers on December 23, 2010, and received by the DWQ
December 23, 2010, and by additional information received on March 10, 2011, May 19, 2011, May 26,
2011, May 27, 2011, June 16, 2011, and August 9, 2011).
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 submitted in the application and the design shown in materials
published in the Public Notice and subsequent revisions up through August 9, 2011. If the project is
changed, prior to construction, 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 till be requested
in the future., additional compensatory mitigation may be required as described in 15A NCAC 0211.0506
(h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application
for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed
below is required.
Conditions of Certification:
Impacts Approved
1. The following impacts are hereby approved conditional upon all of the other specific and general
conditions of this Certification being met:
Type of Im act Amount Approved Units Plan Location or Reference
404/Wetland 9.53 (acres) [2.43 acres filled and Application materials and
7.1 acres flooded USACE Public Notice
Stream 2,300 (linear feet) [836 linear feet Application materials and
tilled and 1,464 linear feet flooded] USACE Public Notice
No other impacts are approved including incidental impacts.
Mr. David Levinson and Anderson Creek Partners, LP
Page 3 of 6
August 18, 2011
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design., installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. 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 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
Deed Notifications
6. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and water supply buffers in order to assure protection of these resources and compliance with
applicable regulations as lots are developed. These mechanisms shall be put in place at the time of
recording of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web
site at: http:Hportal.ncdenr.or web/wq/sw?/ws1401/certsandpermits/apply/forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP).
Mitigation must be provided for the proposed impacts as specified in the table below. You are
required to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement since a private mitigation bank is
not available and you have not elected to pursue development of a separate mitigation plan. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
Mr. David Levinson and Anderson Creek Partners, LP
Page 4 of 6
August 18, 2011
contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have 60 days from the date of this approval to make this payment. For accounting purposes,
this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet
the following compensatory mitigation requirement:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 9.53 (acres) Application materials and
USACE Public Notice
Stream 836 (linear feet) Application materials and
i I I USACE Public Notice
Other Conditions
8. 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 may be found at
http://portal.ncdenr.org/web/wg/ws/su/construction.
9. A lake and buffer area management plan must be provided to this Office and approved in writing by
DWQ before the approved impacts may occur. This shall include construction-level design details for
the dam and impoundment, to include details of your minimum water release plan for the proposed
dam, along with an operation and maintenance schedule. The structural design drawings and details
of the dam are to include plan and profile views illustrating the height, toe, materials, and spillway.
The plan must include a written description of the specific discharge rate, a mechanism to provide for
each required release, and facilities to aerate the discharge to enhance dissolved oxygen levels. The
plan must also include any design specifications, details and calculations to show that the release shall
be achieved in the given conditions. The plan shall also include a monitoring component that ensures
compliance with water quality standards. This shall include details of how the impoundment
discharge will be monitored to ensure that water quality standards will not be exceeded. This shall
include a schedule for routine monitoring to compare seasonal inflow water quality standards to
lacustrine conditions on an annual basis, in perpetuity. An annual monitoring report with results of
four seasonal sampling efforts shall be provided to this Office beginning one year following
completion of the dam. Any facilities and equipment detailed in the lake and buffer management
plan, once approved, must be fully operational upon the completion of the dam.
10. Littoral shelves and native vegetation shall be provided along the shoreline for stability, safety,
shading and habitat, except in the area where the public beach is planned.
11. Native wetland species and shrubs shall be planted along the aquatic shelf in areas where practicable
to help promote diversity among species that may naturally propagate.
12. The use of motorized equipment as well as fertilizers and other chemicals in the lake and around the
shoreline and buffer zones should be strictly controlled so as not to cause direct or ancillary pollutant
issues downstream.
Mr. David Levinson and Anderson Creek Partners, LP
Page 5 of 6
August 18, 2011
13., Two copies of the final construction drawings for the entire development included in this
Certification shall be submitted to DWQ for approval in writing before the proposed impacts may
occur.
14. This certification does not authorize or prohibit pumping or diverting of groundwater or surface
waters. All activities, including maintenance of lake levels, shall be performed so that no violations
of wetland standards (15A NCAC 02B .023 1), including but not limited to hydrologic conditions,
occur to wetlands on or adjacent to the project.
15. The Permittee or the Permittee's contractor other designated agent shall report any violations of this
Certification to the Division of Water Quality, Fayetteville Regional Office at 910-433-3300, within
24hours of discovery.
Re-opener Clause
16. Mr. David Levinson and Anderson Creek Partners, LP, and its authorized agents shall conduct its
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. Mr. David Levinson and Anderson Creek Partners, LP,
shall require its 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. A copy of this
Certification shall be included in the construction contract and available on the job site at all times. If
DWQ 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, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 02H.0507(d). Before modifying the certification, DWQ shall notify Mr. David Levinson
and Anderson Creek Partners, LP, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H.0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H.0504. Any new or revised conditions shall be provided to Mr. David Levinson and
Anderson Creek Partners, LP, 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.
Certification Is Not Valid Without 404 Permit Approval From U.S. Army Corps of Engineers
17. This 401 Water Quality Certification is not valid without the 404 Permit approval from the U.S.
Army Corps of Engineers. Additionally, the impacts approved in this 401 Water Quality Certification
may not be conducted until the final wetland and stream impacts for the project are agreed upon by
the U.S. Army Corps of Engineers. If the final wetland and stream impacts for the project, as agreed
upon by the U.S. Army Corps of Engineers, are different from those approved in this 401 Water
Quality Certification, then the applicant must submit a request for a modification to the 401 Water
Quality Certification.
Certificate of Completion
18. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. David Levinson and Anderson Creek Partners, LP
Page 6 of 6
August 18, 2011
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) calendar 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. You
must also mail or hand-deliver a copy of the written petition to: Ms. Mary Penny Thompson, NC DENR
Office of General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. 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) calendar days following receipt of the Certification. Unless such
petitions are filed, this Certification shall be final and binding.
This the 18'' day of August 2011
DIVISION OF WATER QUALITY
"r/ Coleen H. Sullins
CHS/kah
3866
??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. David Levinson and Anderson Creek Partners, LP, are authorized to
fill or otherwise impact 9.53 acres of 404/wetland (2.43 acres for dam fill and roadways and 7.1 acres for flooding),
2,300 linear feet of (836 linear feet stream. for dam fill and roadways and 1,464 linear feet flooding), to construct a
residential subdivision with recreational impoundment at the site, which is located in Spring Lake, Harnett County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20042019, Ver. 3
NC EEP NAME: Anderson Creek Club Lake
LOCATION: Spring Lake
COUNTY: Harnett
BASIN/ SUB BASIN: Cape Fear/03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
impacts Mitigation
9.53 Acres 404/Wetland 9.53 Acres 404/Wetland
836 Linear Feet of Stream 836 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH. N.C. 27699-1652
[phone]
042019Ver3AndersonCreekDevelopment(Harnett)401_IC_EEP
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] l FAX: [phone]
Internet: http://poilal.ncdenr.org/webiwq/ws
An Equal Opportunity 1 Affirmative Action Employer