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Home My WebLink About20042019 Ver 4_Approval Letter_20111108 � � , �� ..�... �� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullms Dee Freeman Governor Director Secretary November 8 2011 Mr David Levmson and Anderson Creek Partners LP 125 Whispermg Pmes Lane Sprmg Lake NC 28390 Re Anderson Creek South Harnett County DWQ#20042019 Ver 4 USACE Action m No SAW 2006 41244 South Prong Anderson Creek [030614 18 23 32 2 C] APPROVAL of 401 Water Quality Cert�ficahon w�th Addit�onal Cond�tions Dear Mr Levmson Attached hereto is a copy of Certification No 3866 issued to Mr David Levmson and Anderson Creek Partners LP dated November 8 2011 This cerhficat�on replaces the prev�ous cerhfication �ssued on August 18,2011 In addition you should get any other federal state or local permits before you go ahead w�th your proJect mcludmg(but not limited to) Solid Waste Sediment and Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed regulat�ons If we can be of further assistance do not hesitate to contact us � Sincerely �� _Q�oleen H Sullms CHS/kah � Attachments Certificate of Complet�on NCDWQ 401 WQC Summary of Permanent Impacts and Mrtigation Requ�rements cc Becky Fox EPA Region 4 1307 Firefly Road Whittier NC 28789 Crystal Amschler U S Army Corps of Engmeers Wilmington Regulatory F�eld Office Wilmmgton District Chad Turlmgton DWQ Fayetteville Regional Office DLR Fayetteville Regional Office F�le Copy Chris Huysman WNR P O Box 1492 Sparta NC 28675 i 042019Ver3AndersonCreekDevelop ment(Harnett)401_[C Wetlands Buffers Stormwater Compliance and Permitting Unit(WeBSCaPe) 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919 807 6301 1 FAX 919 807 6494 Internet http//portal ncdenr org/web/wqlws An Equal Opportunity 1 Affirmafive Action Employer 7 t Mr David Levmson and Anderson Creek Partners LP t Page 2 of 6 November 8 2011 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued m conformtty w�th the requirements of Section 401 Public Laws 92 500 and 95 217 of the Umted States and sub�ect to the North Carolma Div�sion of Water Qual�ty(DWQ) Regulations m 15 NCAC 02H Section 0500 to Mr David Levmson and Anderson Creek Partners LP to fill or otherw�se�mpact 9 53 acres of 404/wetland(2 43 acres for dam fill and roadways and 7 1 acres for floodmg) 2 3001mear feet of stream(8361mear feet stream for dam fill and roadways and 1 4641mear feet floodmg) to construct a residential subdrvision wrth recreat�onal impoundment at the site The s�te is located on the east side of Ray Road and Nursery Road north of Overhills Road south of Lemuel Black Road west of Country T�me Lane and to the north of Sprmg Lake Harnett County North Carolina pursuant to an application dated October 28 2010(received by the DWQ on November 9 2010 and Publ�c Notice tssued by the U S Army Corps of Engmeers on December 23 2010 and received by the DWQ December 23 2010 and by addit�onal mformation received on March 10 2011 May 19 2011 May 26 2011 May 27 2011 June 16 2011 August 9 2011 September 15 2011 October 4 2011 and October 27 2011 The appl�cation and supportmg documentat�on provides adequate assurance that the proposed work will not result m a violation of appl�cable Water Qual�ty Standards and d�scharge guidelines Therefore the State of North Carolma cert�fies 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 m accordance wrth the application the supportmg documentation and cond�tions heremafter set forth Th�s approval is only val�d for the purpose submitted m the application and the design shown m materials published m the Public Notice and subsequent revisions up through October 27 2011 If the pro�ect is changed pnor to construction a new application for a new Certification is required if the property is sold the new owner must be g�ven a copy of the Certification and approval letter and is thereby responsrble for complying w�th all conditions of th�s Certification Any new owner must notify the Divtsion and request tF�e Certificatton be issued in their name Should wetland or stream fill be requested m the future addrtional compensatory mrtigation may be required as described m 15A NCAC 02H 0506 (h)(6)and(7) If any plan revisions from the approved srte plan result m a change m stream or wetland impact or an mcrease m imperv�ous surfaces the DWQ shatl be notified m wnting and a new application � for 401 Certification may be required For this approval to be valid compliance with the condit�ons listed below is required Condihons of Cerhficahon Im acn ts A�proved 1 The followmg impacts are hereby approved condrtional upon all of the other specific and general � condrtions of this CeRification bemg met Type of Impact Amount Approved(Un�ts) Plan Locat�on or Reference 404/Wetland 9 53 (acres)[2 43 acres filled Application materials and and 7 1 acres flooded] USACE Public Notice Stream 2 300(lmear feet) [836 imear Applicat�on materials and feet filled and 1 464 lmear feet USACE Public Notice flooded] No other impacts are approved mcludmg mc�dental impacts ti , Mr Dav�d Levmson and Anderson Creek Partners LP Page 3 of 6 November 8 2011 Sediment and Erosion Control 2 Erosion and sed�ment control practices must be m full compliance with all specificattons govern�ng the proper design mstallatton and operation and mamtenance of such Best Management Pract�ces in order to protect surface waters standards a The erosion and sediment control measures for the pro�ect must be des�gned mstalled operated and maintamed m accordance wrth the most recent version of the North Caroltna Sedrment and Erosion Control Plann�ng and Desrgn Manual b The design installation operatxon and mamtenance of the sediment and eros�on control measures must be such that they equal or exceed the requ�rements specified m the most recent version of the North Carolina Sediment and Erosion Control Manual The devtces shall be mamtamed on all construct�on srtes borrow sites and waste pile(spo�l)pro�ects mcludmg contractor owned or leased borrow prts associated w�th the pro�ect c Sufficient materials requ�red for stabilization and/or repair of eros�on control measures and stormwater routmg and treatment shall be on site at all times 3 No waste spoil solids or fill of any kmd shall occur m wetlands waters or riparian areas beyond the footprmt of the �mpacts dep�cted m the 404/401 Permit Application All construct�on activ�ties mcludmg the design mstallat�on operation and maintenance of sed�ment 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 pr�or approval from the D�vision If placement of sediment and erosion control devices tn wetiands and waters �s unavoidable design and placement of temporary erosion control measures shall not be conducted m a manner that may result m dis equ�l�brtum of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored wrthin two(2)months of the date that the Division of Land Resources or locally delegated program has released the pro�ect 5 Protective Fencmg The outside buffer wetland or water boundary and along the construction corridor wrthm these boundaries approved under this authorization shall be clearly marked with orange warning fencmg(or similar high visib�lity material)for the areas that have been approved to infringe wrthm the buffer wetland or water prior to any land disturbmg activities Deed Notifications 6 Deed notifications or sim�lar mechanisms shall be placed on all reta�ned�unsdict�onal wetlands waters and water supply buffers m order to assure protection of these resources and compliance wrth applicable regulations as lots are developed These mechanisms shall be put m place at the time of recordmg of the property or of mdividual lots wh�chever is appropriate A sample deed notificat�on can be downloaded from the Wetlands Buffers Stormwater Compltance and Permittmg Un�t web site at http//portal ncdenr or web/wq/swp/ws/401/certsandpermits/apply/forms The text of the sample deed notification may be modified as appropriate to suit to this pro�ect Mrti a� tion 7 Compensatory Mrtigatton Usmg the Ecosystem Enhancement Program(EEP) Mrtigation must be prov�ded for the proposed impacts as specified m the table below You are required to make a payment to the Wetlands Restoration Fund admmistered by the NC Ecosystem Enhancement Program(EEP)to meet thts m�tigation requirement since a pnvate mitigat�on bank is not available and you have not elected to pursue development of a separate m�tigation plan Until the EEP recetves and clears your check(made payable to DENR—Ecosystem Enhancement Program Mr Dav�d Levmson and Anderson Creek Partners LP + Page 4 of 6 November 8 20I I Office) no impacts spec�fied �n this Authorization Certificate sha4 occur The EEP should be contacted at(919) 716 1921 �f you have any questions concern�ng payment into a restoration fund You have unt�l 30 days prior to the start of construction for any author�zed wetland or stream �mpact or August 1 2013 whichever occurs first to make th�s payment For accounhng purposes,th�s Authorizat�on Cerhficate author�zes payment into the Wettands Restorat�on Fund to meet the followmg compensatory mitigat�on requirement Type of Amount Approved Plan Locahon or Reference Im act n�ts 404/Wetland 9 53 (acres) Appl�catton mater�als and USACE Public Notice Stream 836(]mear feet) Appl�cation mater�als and USACE Public Notice If you choose to pursue an atternative mit�gation plan and purchase wetland and/or stream cred�ts from a pr�vate bank then you must request a mod�fication to th�s Authorizat�on Certificate deta�lmg the alternative plan No �mpacts spec�fied m this Author�zation Cert�ficate shall occur until DWQ has approved the modification request and payment has been made to the private m�t�gation bank or payment has been made to EEP as descnbed above Other Condrtions 8 Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentatton Control Plan �ssued by the Division of Land Resources(DLR)or a DLR delegated local eros�on and sed�mentation control program an NPDES General stormwater permrt(NCGO10000)admmistered by DWQ is automatically issued to the pro�ect This General Permrt allows stormwater to be discharged durtng land disturbmg construction activit�es as st�pulated by condrtions m the permrt If your proJect is covered by this perm�t [appl�cable to construction pro�ects that disturb one(1)or more acres] full compl�ance wtth permit cond�tions mcludmg the sedimentation control plan self mon�tormg record keepmg and reportmg requirements are required A copy of this permit and monrtormg report forms may be found at htt�//portal ncdenr or web/wq/ws/su/construction 9 The lake and stream mon�tor�ng and management plan provided to th�s Office on October 27 2011 shall be implemented 10 A water release plan must be prov�ded to this Office and approved in writmg by DWQ before the approved impacts may occur This shall mclude construct�on level design details for the dam and impoundment along with an operation and maintenance schedule The structural design drawmgs and details of the dam are to mclude plan and profile views illustratmg the height toe materials and spillway The plan must mclude a written descrtption of the specific discharge rate a mechanism to provide for each requ�red release and facilrties to aerate the discharge to enhance d�ssolved oxygen levels The plan must also mclude any design specifications details and calculat�ons to show that the release shall be achieved m the given condrt�ons The plan and any associated facil�ties and equipment once approved must be fully operational upon the completion of the dam 1 I L�ttoral shelves and native vegetation shall be provided along the shoreline for stabil�ty safety shading and hab�ta.t except m the area where the public beach �s planned 12 Native wetland spec�es and shrubs shall be planted along the aquat�c shelf m areas where practicab(e to help promote diversity among species that may naturally propagate � t . Mr Dav�d Levmson and Anderson Creek Partners LP Page 5 of 6 November 8 2011 13 The use of motortzed equ�pment as well as fertil�zers and other chemicals m the lake and around the shorelme and buffer zones should be strictly controlled so as not to cause direct or anc�llary pollutant issues downstream 14 Two copies of the final construction drawings for the entire development�ncluded m this Certificat�on shall be submitted to DWQ for approval in wr�tmg before the proposed impacts may occur 15 This certification does not authorize or prohibit pumpmg or divertmg of groundwater or surface waters All act�vit�es includmg ma�ntenance of lake levels shall be performed so that no violat�ons of wetland standards(15A NCAC 02B 0231) mcludmg but not limited to hydrologic conditions occur to wetlands on or ad�acent to the pro�ect 16 The Permittee or the Pertnittee s contractor other designated agent shall report any violattons of this Certificat�on to the Divis�on of Water Qualrty Fayetteville Regional Office at 910 433 3300 withtn 24hours of d�scovery 1 Re opener Clause 17 Mr Davtd Levmson and Anderson Creek Partners LP and �ts authorized agents shall conduct �ts activttaes m a manner cons�stent wrth State water qualrty standards(including any requirements resultmg from compliance wrth section 303(d)of the Clean Water Act)and any other appropr�ate requ�rements of State law and federal law Mr David Levmson and Anderson Creek Partners LP shall require rts contractors(and/or agents)to comply with all of the terms of this Certificat�on and shall provide each of�ts contractors(and/or agents)a copy of this Cert�fication A copy of this Certification shall be mcluded m the construct�on contract and available on the�ob s�te at all times If DWQ determmes that such standards or laws are not bemg met(mcludmg the fa�lure to sustam a designated or achieved use)or that State or federal law is bemg v�olated or that further cond�tions are necessary to assure compliance DWQ may reevaluate and mod�fy this cert�ficatton to mclude condrtions appropriate to assure compliance w�th such standards and requ�rements �n accordance w�th 15A NCAC 02H 0507(d) Before mod�fymg the cerhfication DWQ shall notify Mr David Levmson and Anderson Creek Partners LP and the US Army Corps of Engmeers prov�de public notice m accordance wrth I SA NCAC 02H 0503 and provide opportunity for public hearmg m accordance wrth 15A NCAC 02H 0504 Any new or revised condrtions shall be prov�ded to Mr Dav�d Levmson and Anderson Creek Partners LP m wrrtmg shall be provided to the Unrted States Army Corps of Engineers for reference m any perm�t tssued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for the pro�ect Cerhficat�on Is Not Valid Wrthout 404 Permit A�proval From U S Army Corps of En meers 18 This 401 Water Qualriy Certification �s not valid wrthout the 404 Permit approval from the U S Army Corps of Engmeers Addrtionally the impacts approved m this 401 Water Quality Cert�ficarion may not be conducted until the final wetland and stream �mpacts for the pro�ect are agreed upon by the U S Army Corps of Engmeers If the final wetland and stream impacts for the pro�ect as agreed upon by the U S Army Corps of Engineers are different from those approved m th�s 401 Water Quality Certification then the applicant must submit a request for a mod�ficat�on to the 401 Water Qual�ty Cert�ficat�on Certificate of Com�letion 19 Upon completion of all work approved withtn the 401 Water Quality Certificat�on or appl�cable Buffer Rules and any subsequent modificat�ons the appl�cant �s required to return the attached cert�ficate of completion to the 401 OversightlExpress Rev�ew Permitting Un�t North Carolma Divis�on of Water Qualrty 1650 Mail Service Center Raleigh NC 27699 1650 Mr Dav�d Levmson and Anderson Creek Partners LP . Page 6 of 6 November 8 2011 This approval to proceed w�th your proposed impacts or to conduct�mpacts to waters as dep�cted m your appl�cat�on shall expire upon expirat�on of t6e 404 Permit If this Certificat�on �s unacceptable to you you have the right to an ad�udicatory hearmg upon written request w�thm s�xty(60)calendar days followmg recexpt of this Cert�fication Th�s request must be in the form of a wr�tten pet�tion conformmg to Chapter 150B of the North Carol�na General Statutes and filed with the Office of Admmistrative Hearings 6714 Mail Serv�ce Center Rale�gh N C 27699 6714 You must also mail or hand deliver a copy of the wntten petrtion to Ms Mary Penny Thompson NC DENR Office of Generat Counsel 1641 Mait Serv�ce Center Ralelgh NC 27699 1601 If modlfications are made to an origmal Cert�fication you have the r�ght to an ad�udicatory hearing on the modifications upon written request with�n sixty(60)calendar days followmg receipt of the Certification Unless such petitions are filed th�s Cert�fication shall be fnal and bmdmg This the 8`h day of November 2011 DNISION OF WATER QUALITY �C�� Coleen H Sullms CHS/kah 3866 A .�,i��{�""� �� North Carolma Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary North Carolma Division of Water Quality 401 Water Qual�ty CertiCcat�on Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H 0500 Mr David Levinson and Anderson Creek Partners LP aze authorized to fill or otherwtse impact 9 53 acres of 404/wetland(2 43 acres for dam fill and roadways and 7 1 acres for flooding) 2 300 Imear feet of(836 lmear feet stream for dam fill and roadways and 1 464 lmear feet flooding) to construct a residential subdivts�on w�th recreational�mpoundment at the site wh�ch is located m Sprmg Lake Harnett Counry North Carolma All act�vities assoctated with these author�zed impacts must be conducted wrth the cond�ttons listed m the attached Permit transmittal letter THIS CERTIF[CATION IS NOT VALID WITHOUT THE ATTACHMENTS COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT# 20042019 Ver 3 NC EEP NAME Anderson Creek Club Lake LOCAT[ON Spr�ng Lake COiJNTY Harnett BASIN/SUB BASIN Cape Fear/03030004 As required by 15A NCAC 2H 0500 and the cond�ttons of this Cert�ficat�on you are required to compensate for the above mitigable impacts through the restoration creation enhancement or preservat�on of wetlands surface waters and r�par�an buffers as outlmed below pnor to conduct�ng any actrvrt�es that�mpact or degrade the waters of the state � Note Acreage requuements proposed to be mrtigated through the Ecosystem Enhancement Program must be rounded to one quarter acre mcrements and lmear foot requirements must be rounded up to the nearest foot accordmg to I S 2R 0503(b) Im acts M�t� at�on 9 53 Acres 404/Wetland 9 53 Acres 404/Wetland 836 Lmear Feet of Stream 836 Lmear Feet of Stream One of the options you have ava�lable to satisfy the compensatory mitigation requ�rement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose th�s opt�on please sign this form and ma�l the form along w�th a copy of your 401 Certificat�on or Buffer Approval to the Ecosystem Enhancement Program at the address below An mvoice for the appropriate amount of payment w�ll 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 Ma�l Service Center RALEIGH N C 27699 1652 -- (919)733 5205 042019 Ver3MdersonCreekDevelopment(Hamett)401_IC_EEP /etlands Buffe�s Sformwater Compliance and Peimitting Unif(UVeBSCaPe) � 650�Aad Serwce Center Raleigh North Carolina 27699 1650 hone 919 807 63001 FAX 919-807 6494 ternet hftp I/poital nctlenr orglweblwq/ws n Equal Opportun�ly 1 Affirmative Action Employer �