HomeMy WebLinkAbout20071158 Ver 2_Approval Letter_20130621A&A
ACMEMMAR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Govemor Acting Director Secretary
June 21, 2013
New Hanover County
DWQ Project #: 07- 1158v2
Hanover North Holdings, LLC
Mr. Nathan S. Sanders
P.O. Box 3167
Wilmington NC 28406
Subject Property: Parsons Mill — Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sanders,
You have our approval, in accordance with the attached conditions to impact 297 linear feet of
stream, 0.45 acres of 404 jurisdictional wetlands, and 0.02 acres of temporary impacts to 404
jurisdictional wetlands to construct a residential subdivision as described in your application received
by the N.C. Division of Water Quality (DWQ) on June 11, 2013. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number 3890
(GC 3890). This Certification can also be found on line at:
http:// portal. ncdenr. org / web /wq /swp /ws /401 /certsandpermits. This Certification allows you to use
the 404 Permit when issued 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, 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 is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions.
If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
Wetlands, Buffers, Stomiwater— Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NO Carolina
Location: 512 N. Salisbury St Raleigh, North Carolina 27604 atura!!�
Phone: 919807.63001 FAX: 919.807-64941 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
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Parsons Mill
New Hanover County
2007- 1158v2
The Additional Conditions of the Certification are:
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:
2. Compensatory Mitigation
Mitigation was provided by the previous applicant for the proposed impacts as specified
in the table below.
Type of Impact
Amount Approved nits
Plan Location or Reference
Stream
297 linear feet
Impact Table in PCN Application
404 Wetlands
0.45 acres
Impact Table in PCN Application
404 Wetlands
(temporary)
0.02 acres
Impact Table in PCN Application
2. Compensatory Mitigation
Mitigation was provided by the previous applicant for the proposed impacts as specified
in the table below.
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
297 Linear Feet
Cape Fear 03030007
Wetlands
0.45 acres
Cape Fear 03030007
Waters
N/A
Riparian Buffer
N/A
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 CAMA Major 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. No Impacts Beyond Those Approved
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;
5. 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:
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Parsons Mill
New Hanover County
2007- 1158v2
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.
6. 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 constructiolk 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 hM: / /portal.ncdenr.or web /wq /ws /su/constructiorL
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
8. 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.
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 Permit.
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Parsons Mill
New Hanover County
2007- 1158v2
You can contest this Certification 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.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition
may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original
and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910 -796-
7215.
Sincerely,
V \. C>-t\.-
as A. Reeder
Division of Water Quality
Enclosures: GC 3890
Certificate of Completion
cc: Jim Spangler — Spangler Environmental, Inc., 4338 Bland Road, Raleigh, NC 27609
Emily Hughes — USACE Wilmington Field Office
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
L
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
hereby state that to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date