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Home My WebLink About20070791 Ver 2_401 Application_20090309 Enoch ngineers,P .A. ;{-"., d/ "f 1403 NC HIGHWAY 50 SOUTH 1" I~ "/,<!~ ~1'o o<Si,: s"i'.~,~ ~. . IV <5' '1/I-. ~0 i"a ''I' . vs; ~~5t:'c, '4~~,,- 0" - 01" \ V 2. ~,,+ ..'>" ...///~~ ~~ CONSULTING ENGINEERS & SURVEYORS BENSON, NORTH CAROLINA 27504 LETTER OF TRANSMITTAL NCDENR-DWQ ATE: March 3, 2009 ~\ ~i l\I~ TO: ROM: JASON GODWIN ORGANIZATION: 401 OVERSIGHT REGULATORY UNIT REFERENCE: 401 WQC AND ISOLATED WETLAND GENERAL PERMIT- MODIFICATION UANTITY: 4 PHONE NUMBER: COPY: 4 o URGENT 0 FOR REVIEW L..-'/ o PLEASE COMMENT 0 PLEASE REPLY 0 ORIGINAL MAILED NOTES/COMMENTS: Dear Ian, Please find enclosed 4 additional copies of the above referenced package submitted yesterday March 2, 2009. If you have any questions please call me. 1bank you! Jason THIS TRANSMfITAL CONTAINS CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) NAMED ABOVE. IF YOU ARE NOT IRE INTENDED RECIPIENT, AND/OR YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE CALL US SO THAT WE CAN ARRANGE FOR THE RETURN OF THIS DOCUMENT. '!HANK you. ({;> 2009 ENOCH ENGINEERS, P.A. PHONE 919-894-7765 FAX 919-894-8190 Enoch ngineers,P.A. ,~""k. ,/ /"\..) /'....... ,............ I C-~i :.~ '-"..~~..",\'" J , ,~ 1 l~:~11 l'lione: (919) 894-5731 (919) 894-7765 ii:'4,y Joe E. Godwin Sf., P.E., P.L.S. /I!""-, <-'I '/ Consulting Engineers, Surveyors, andiUt.'v.~~~'}'Y "1'.... .," C iJ~j' 'I"D 1/1;:0. Environmental Professionals Sroi~Jti 'JJLI(y '4l'crr 1403 NC Highway 50 South 8~~ Fax: (919) 894-8190 Benson, North Carolina 27504 Website: www.enochengineers.com Kevin R. Allen, P.E. Jason E. Godwin, AP.S.S. Email: enochengineers@earthlink.net O'\-o,q\ Y2. March 2, 2009 Division of Water Quality 401 Oversight Unit 2321 Crabtree Blvd., Suite 250 Raleigh, North Carolina 27604 Division of Water Quality (NCDWQ) Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 Attn: Mr. Ian McMillan Attn: Mr. Ken Averi.tte Reference: 401 WATER QUALITY CERTIFICATION AND ISOLATED WETLAND GENERAL PERMIT - MODIFICATION REOUEST Overhills Creek Subdivision USACE Action ID # 2005-454 DWQ Project #2007-0791 Spring Lake, North Carolina Enoch Engineers Project No. 2694 ~ PAID ~' On behalf of owner, Mr. Billy Wellons, Jr., Enoch Engineers is requesting written concurrence from the North Carolina Division of Water Quality (DWQ) to modify the Water Quality Certification (WQC) or otherwise impact 0.02 acres of isolated wetland, non-404 Jurisdictional Wetlands located in the Overbills Creek Subdivision referenced above. Should you have any questions or comments about this project please contact Jason Godwin, (919) 894-7765, extension 241. Jason E. Godwin Enclosures: PCN Application Agent Authorization Figures Jurisdictional Determination NCDENR approvals NWPfWQC Minor WQC Application Fee ($240) - 1 - FILE COpy cc: Mr. Ronnie Smith United States Army Corps of Engineers (USACE) Department of the Army Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28402 file -2- FILE COpy III &~~\f.JAi~ItOc.. (;5 '1" :;; t: - -; o "(' Office Use Only: Corps action 10 no. DWQprojectno. 01. D1~ \ V Form Version 1.3 Dee 10 200S Pre-Construction Notification (PCN) Form A. Applicant Information .u n ~ .n 1. Processing ~ __ L.IIL __ .iIiLY 1 a. Type(s) of approval sought from the - D Section 404 Permit D Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? DYes DNo 1 d. Type(s)of approval sought from the DWQ (check all that apply): D 401 Water Quality Certification - Regular ~ Non-404 Jurisdictional General Permit D 401 Water Quality Certification - Express D Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: DYes ~No ~Yes DNo H. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation DYes ~No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h DYes ~No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? DYes 181 No 2. Project Information 2a. Name of project: Overhills Creek Subdivision 2b. County: Harnett 2c. Nearest municipality I town: Spring Lake 2d. Subdivision name: Overhills Creek 2e. NCDOT only, TI.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North South Properties, LLC 3b. Deed Book and Page No. 02018 & 0305 3c. Responsible Party (for LLC if Mr. Billy Wellons, Jr. applicable): 3d. Street address: 165 Caldwell Street 3e. City, state, zip: Spring Lake, North Carolina 28390 3f. Telephone no.: 910-436-3131 3g. Fax no.: 910-436-2242 3h. Email address: wellons@faynet.com Page 1 of 11 peN Form - Version 1.3 December 10, 2008 Version FILE COpy 4. Applicant Information (if different from owner) 4a. Applicant is: ~ Agent D Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) Sa. Name: Jason Godwin 5b. Business name Enoch Engineers, PA (if applicable): 5c. Street address: 1403 NC Highway 50 South 5d. City, state, zip: Benson, North Carolina 27504 5e. Telephone no.: 919-894-7765 Sf. Fax no.: 919-894-8190 5g. Email address: iason@enochenqineers.com FILE COpy Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel 10): 0514-54-5276.000 or 010514030006063 1 b. Site coordinates (in decimal degrees): Latitude: 35.245434 Longitude: - 78.947815 (00.000000) (-00.000000) 1 c. Property size: 0.28 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary to Lake Holton proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing conditions on the site is a single lot with existing isolated wetland feature including scrub shrub vegetation with few tree saplings and green brier. General land use adjacent to the site is single lot homes. 3b. List the total estimated acreage of all existing wetlands on the property: 0.020 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None 3d. Explain the purpose of the proposed project: Purpose is to place fill material in the isolated wetland feature to safely construct a residential home. 3e. Describe the overall project in detail, including the type of equipment to be used: Rubber tire backhoe loaders and/or compact tract loaders and compactors will be used to clear cut vegetation, grub and place fill material on the site. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property I project (including all prior phases) in the past? ~Yes ONo o Unknown Comments: All jurisdictional determinations have been obtained for prior phases of the project. 4b. If the Corps made the jurisdictional determination, what type o Preliminary ~ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Enoch Engineers, PA Name (if known): Jason Godwin Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE Action 10 #2005-454 (June 21st 2007) 5. Project History 5a. Have permits or certifications been requested or obtained for t8J Yes ONo o Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. NWP 27 - USACE Action 10 #20050045-043 (Issued: April 24th 2003) WQC No. 3399 - DWQ Project #2003-0398 (Issued: April 24th 2003) NWP 14 - USACE Action 10 #2005-454 (Issued: August 9th 2007) WQC No. 3627 - OWQ Project #2007-0791 (Issued: December 3rd 2007) Page 3 of 11 PCN Form - Version 1.3 December 10,2008 Version FILE COpy B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? I fgI Yes ONo 6b. If yes, explain. This single lot is located in a section of one of the final phases of the Overhills Creek Subdivision. FILE COpy Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ~ Wetlands o Streams - tributaries o Buffers o Open Waters o Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404,10 Area of impact Permanent (P) or (if known) OWQ - non-404, other) (acres) Temoorarv m W1 ~ pDT Fill Headwater DYes o Corps 0.020 wetland (isolated) ~No ~OWQ W20POT DYes o Corps ONo OOWQ W30POT DYes o Corps ONo OOWQ W40POT DYes o Corps ONo OOWQ W50POT DYes o Corps ONo OOWQ W60POT DYes o Corps ONo OOWQ 2g. Total wetland impacts 0.020 2h. Comments: The owner is requesting to modify the existing WQC. Existing impacts consist of 0.154 acres of 404/wetland and 0.049 acres of Isolated, Non-404 wetland. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent OWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 0 PDT o PER o Corps DINT OOWQ S2 0 pDT o PER o Corps DINT OOWQ S3 0 pDT o PER o Corps DINT OOWQ S40POT o PER o Corps DINT OOWQ S5 0 pDT o PER o Corps DINT OOWQ S60POT o PER o Corps DINT OOWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 peN Form - Version 1.3 Oecember 10, 2008 Version FILE COpy 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individuallv list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporarv m 01 0 pDT 02 0 pDT 03 0 pDT 04DPOT 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland PondlD Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? DYes ONo If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitiQation, then you MUST fill out Section D of this form. 6a. o Neuse o Tar-Pamlico o Other: Project is in which protected basin? o Catawba o Randleman 6b. 6c. 6d. 6e. 6t. 6g. 8uffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 81 DpOT DYes ONo 82 DpOT DYes ONo 83 0 pDT DYes ONo 6h. Total buffer impacts 6i. Comments: Page 6 of 11 FILE COpy D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Efforts have been performed in the past to avoid and minimize impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Techniques to be employed will be scheduling of work during the growing season when site conditions may be favorable (e.g. -less soil moisture), erosion control measures (e.g. - silt fences, pine straw mulch). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for DYes ~No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): D DWQ D Corps D Mitigation bank 2c. If yes, which mitigation option will be used for this D Payment to in-lieu fee program project? D Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type I Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. DYes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: D warm Dcool Dcold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. FILE COpy Page 7 of 11 peN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires DYes DNo buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 FILE COpy E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified DYes I8l No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The project site is not adjacent to protected riparian buffers and does DYes DNo not have a diffuse flow plan included. The site is less than half an acre single lot in the Overhills Creek Subdivision. 2. Stormwater Manaaement Plan 2a. What is the overall percent imperviousness of this project? 23.3% 2b. Does this project require a Stormwater Management Plan? DYes ~No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: A Stormwater Management Plan was not required because the project was active before Phase II was in effect. The total project area exhibits less than 24% impervious cover 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: o Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? D DWQ Stormwater Program D DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Harnett County Local Government D Phase II 3b. Which of the following locally-implemented stormwater management programs DNSW D USMP apply (check all that apply): D Water Supply Watershed D Other: 3c. Has the approved Stormwater Management Plan with proof of approval been DYes DNo attached? 4. OWQ Stonnwater Proaram Review D Coastal counties 4a. Which of the following state-implemented stormwater management programs apply o HQW o ORW (check all that apply): D Session Law 2006-246 D Other: 4b. Has the approved Stormwater Management Plan with proof of approval been DYes DNo attached? 5. OWQ 401 Unit Stonnwater Review Sa. Does the Stormwater Management Plan meet the appropriate requirements? DYes DNo 5b. Have all of the 401 Unit submittal requirements been met? DYes DNo Page 9 of 11 peN Form - Version 1.3 December 10, 2008 Version FILE COpy F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the DYes ~No use of public (federal/state) land? 1 b. If you answered "yes' to the above, does the project require preparation of an DYes DNo environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPAlSEPA)? 1 c. If you answered "yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval DYes DNo letter. ) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, DYes ~No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? DYes ~No 2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s): Previous impacts are considered after-the-fact, all though this permit modification/application is not after-the-fact. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in DYes ~No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no,' provide a short narrative description. There are no furtherforeseable 401/404 impacts to be requested 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The sewage generated onsite will be disposed of in a sanitary sewer system and disposed of and treated off-site. FILE COpy Page 10 of 11 peN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or DYes 181 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act DYes t&I No impacts? If yes, indicate the USFWS Field Office you have contacted. D Raleigh 5c. D Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? DYes ~No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation DYes 181 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 10D-year floodplain? DYes ~No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? JA'SON e. 6"C>WrN ~ b7</;? - ~- e.-o~ -y Applicant/Agent's Printed Name / Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 FILE COpy 08-31-/07 10:25 FROM~N5 REALTY 91M36ZZ4Z T-b~O ~~~/~l U-~bD .roe 'B. GodIliIl Sf.. P ..8.. P .L.s. IotE. GodwflJr.. ru. f'.u. S,"" R. Allen, P.E. EIlOOh a__A. CoDnItiag F?cm" s.nc,on 1403 N.C. SO So\dh 'BeDIon, NC 275M PIloM: (9'9) M4-S'lSt 'if) ....ms 'tIr. "9) ....,. EmIlI: CMllII1'ISinMIlnrdlJrat.Iet A.GBN'1' A1JTHO-17..A.TlON JIOltII Name: Billy wellms, "1: 1 .. P.O. Bcz 766 ~ SJ2riM LBke. Nor:th ~ 28390 .' m.___. ."" I( ...o:...t..r~ 910-436-3131 ..ti........ .0... " PmjectNIa.le~rion: ()vIe'rbi11s Cr:eek Sd:xU.visim. Date: 8-31-61 'The DepataDt:at of me Army USkmy eo.p. of t:~IA~ ',0. b 1890 . W~ N~CuoliDa28402 NC DeplmDentof~a04 Namal Baources, DiWioD ofW.- Q\1ality 2121 CIahtmc BW.. Sub 250 M.Wgl\ Nard1 ~ft. 27604 AIm: Bonnie Smith. 0SAa: F'Je1dOftke:~ ~ Rc: Wct1and81le1autcl Cc>nMting and ~ -ro Whom It May ('".4I1Cetft:' I, the etWfUtt pt~ cnmet. bereby Oeeipate tad authorize BDoc:h F~_ PA to act in my behalf IS my tpt in .. ,...-., of pamit appJicdions. to &mish upon IapJe&t ~ ~~ .in suppozt of applia.doas, etc. &om 1his day b:wmL ne.iL clay of Auaust.. 2007' . .. 'Thia tIOr:ifi.c:atiI:m supascdes allY previous ~de~ ~ 1he .. foe this project. NOTICE: ThiI a,utb~ foz liab.iJily IIUl poienional eot.trteq feUODS, is valid 0DIy W 8OftPn-earal ofIcials to __ the propetlJ wbeA ~ftiN1 by Bmx:h J:~ _if. YO\J shou1cl c:aIl EAodt 'P~a to... a sire meeting p.m.: to visiting the __ JlfIl~1IJ S JUg~15 PriDt Ptope&ty Ow8t:t'. N.. ~~~ Pmpeny Oneis ~ft~ .... Ii: /! I { ~, '\.. .... -\'-'-{ -1 -/ --- -:)- RLp..,NO utASE f - - - - - NOTE: MAP INCLUDES ONLY STATE MAINTAINED ROADS OR IMPORTANT NON-SYSTEM ROADS. ROADS SHOWN AS OF MAY ii, 2007 County Boundary alignments are bned on infonnatlon provided by State and Fed.ral agencies, and are shown in their approximate IDeation.. te ~ Legend c:J T%2Ct Boundary Scale: 1" = 2 miles EnOCh VICINITY MAP FIGURE Drawn By: JEG Overhills Creek: Subdivision Reviewed By: ngineers,P .A. Spring l.ake, North Carolina 1 Date: August - '07 Consulting Engineers & Surveyors Enoch Engineers Project No. 2694 ~ N \ ') ~~<!7J<./\~1H( ?2J'r~>>tc~ /2~r,. . ...!)7-' If \\'; ~7f\ (" ~*~J~~~\~~~ //;;;;";., ~(7 " ~\~ :--l:~) t-; ~5~42~~~r11()~~ ,J;~~~ ~~~~ ~ ~Mlfr~'~ (i~ ... _"~~5' ~~. ~~."...i't~ ~. -.~.'....'.'.. (. ~71f/)(~~. .......<I:fJ /..:~.:..!fiJ;~~."..../, ~~ ~~Sk~.~.\........'...'......( ~ );.'\~ ,,< ~.1) ~\i.. d' IW ~rr0{/.-dO~.,.. ))j; ~1(~<lt~lmY}\ 1.~ .~'-~-~. ~'-~ ~(( ~(fHi )J<trV'-~ V:;~.~~~.....b!-Z!.j./~... ...._....v........c....--'. '..~...... ~~~_L"'(l'jJ~' ~ 0'w!;)fj~<fii.~. :.:;\~..r v~."~.......l.I_.1?\..........."......... ?( ~~~-\\..- ~~./ ~~~~}~~~ ))~R\~\},~L-J -~~~~~,,\~~. ,-'C~....~ 5.,:-' )~ y ~f~rF? ,R<${r-)~::l5!JJ)~2... . 1_ '..-.,,:.y/~./)' I r; "l@'~ . '/~ r'h :"-.2~ i ,dl .."- 81Z'~ fl ~ ~fH "....... ~~ PROJECT AREA KO/it ~'~~ ~::;?.:~::}}\~. ~~~ ~ ~...~0~i@/7l17rid;#-. ~~....(C....~.....0,'Zr0!~ ~.~"""~'.:& ~~~~~..'. 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''0'~ {If' A ,.~;;. ~.rr::....~~:::::'F:~..,"','~:-+ ~'t~. .~.....~ .............\% ~ ~::. ,N~..,....~ -r ~~. __ '--8:};V.' ~ ~\~~ '\iVy:fI...o.. 1 ~ I tdJ~. >p.......~~ t-..~ ".::.:; ~'~,. .~ ~.C1..~.~-~II..- ~ ~/h ~~(\ .fr . ~/.l"'L;~<jl '. .' ~ : ~ .;.:r~ i~'x..~ , ~..91P \:-/~" 'T'r ~"'fV'J JJ'/. "'" Iff..,..,.....)( ,I.- ''lfZ I' ~~fI \~.\'-.:: ':J .~~, l\':::"" \t~ ''''''~. '~7..' ~1 'ti \.;., ~J'::;; i' ~. . .I)l( : ....~ ~ '.. \ ~ ?J ~:;;;: . ~ '. '\,':~' ~..1.::;:.r ':..o..~ .\",\: ~. L!" ~ 0)2 { !J v, , - ~ l"i ( . ( :,...-- ~~ ~ .~ -:re~ \'~14 .; ..=,p: D~~r ?" ~ II -.. }\~.Y'- \.~ . . ~ ... ! t~ ~~ ~ 1\~ 1'/. f --:. ~i2....r)l ~5 <' I ~~.. ~ 0, 'V;/, ~>~ 1:- ~l.l ~ t0~m~~~s ~ ~"'}"1 ~\"""~; 1.9~~~~J~I~~r. '. ~.~ ,~~]l~~~~ Legend ~ .~ 'r'.dlJl/.rJ N~$'I,I ^'. 0 1,000 2,000 4,000 r~ ',),l. CJ ' . l-. . : )j ProJect Area i::;:; ~ource: - Ttllct boundarv considered approximate F/~ /' . I I Feer. r:= ..... ":>. ."... \. " \" -"~-" "iff'X . /~6'1\ ~ ;.: ">t:. USGS TOPOGRAPHIC MAP Scale: 1" = 2,000' Enoch ngineers,P .A. FIGURE Dtllwn By: JEG Reviewed By: Date: August - '07 0Verhills Creek Subdivision Spring Lake, North Carolina 2 Consulting Engineers & Surveyors Enoch Engineers Project No. 2694 '\'1'((,r"il.\il/l5~{'~?d ~<k~~~tl~~'t~?-7.: fir,;:. . '.';:~J V--C~.::l!~~)h~ \ . ~"'J ~.' 4t~ V21~~~~.o/.&\\.J.~r.J. .~~~~t~. ~~..\~~~.~~(PIZb~.f7. >}. .....- ~.~'\"'\~""-.Jj.f;f.< )-S;"~/,~~7;1'~~~~ f:w '". -~~. !;~)S~J~~S';;5~1~~.. ~~(..n~ 4~'J;& :~'\1""~~" '~~~~~:~iFl7,?t ~ tS~~~~.'.'1 . C,).'.>; :. '1(( ''''f~~ ~J'i'-'';:!J''::':::::'~1g!,;~\--:;. . ~-1! Uia '1,' ',Z':", (~)'i\\\).~ ::.. \\" ~~ J~ ~~ ~:,\~'Lt;J.. ~i,~~~~-0l-J~\ (.. . ~~l :JJ:W~!~\-S\{'h)t~~ ~. I~ q2 ~o'rlc.y~\ J~~.... :,;::: ~\V'~'Y:\\*~':;:;~~ '~.{L [%1,..\. ,~~l.)\~.r(@!l;;:'-'ff;.~t);,1\\rC:'-':'C~I>r~(t_'k :~~..c.-'<:!~...!{;~.~' "" )'.0..,'\--.,,"".... :I,\,\<(' .~, . ,.I.L..:Jr.::"""\I~r)\\l)""")~~~r:! 1/11.....'..1,(. (~, \~/1',,~~';;':)~! ~.f~...t:t~~\ ~ ~.. \L'-~/ _/",y'\!!( f~,-""~\",,,\~'d . '\I>>t-..I'J"-"'\l-~~)!2~~,_~\\.{ "7\7{.-(;.(. \1~2f....~~-.",..i~'~1 l~~1~h~~~; ,,:. ~~\i~ .... IVO/_~'@f/?~~i~r~/f.rL""'/:<'[~~~~ji;~~~~"..;.~:;1';~~.~''''''''':'''~ -L...:,~WJ ;~~~~~~~~\~':'~~'J~!..%'*~;;".~\.:\;. .i:~ ..". '. '\iJ.j'."~~~'/~ ..~'..'-i r'1':;,5 r@-?R~ "-l~L~':::::?J~.L--v, '~" 10/ !i'0;\~>UfV:~;{,\\1 .';I?:. ~~~l-.::;~ ~ ~::;>~ ~~.c r.... f~~f~ PROJECT AREA ~~~4A~ ""?V#P,',~~ 'f~~%bft~ .~ { I :~"''' ~2'\~~"""3 J.,;"", "'-...1"-. ''1'7 . j "~~ \A~\t~.. \....::.~~.~~, fr '.\ '. .~t<:J.;I)l')1J(t \ 71"'~ ~ . :;:J;-.;?0 ." '.--\--L~ . \ =--.~I} r' \~'~.&j iL.:~ " ~~\\ Iff'" ~:'i(jfJt!!#;.!/~ I~.:. ~;!~~ II,U ~~l~~t J ~ '~r~.~ _~(,i!~)/ x~'f{tt:;.-:-~\\"-'I 'y. ~J .... ..~'0t<.t. lJ.., ~J'\/f)'?2. 0-j;x.~V ~~)L?llY.'~~~,:;\,. off' _/-':'!j ~ :{r.i r1'f2Wrfj, . ~. !l~~w (,-"-ji'i...a ':) (; Jf/~ 1 J>.. .. , ,~ ,~'", h)j~<;;<.:'ki..?i;j~ c../'7r;~ j' :: ~ ~. 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JP:.' _tl"" ;~'H\ "1_ :\.lI~-t I ~ ~Q \ "V /":..... . ,II~, . - bS~~' Q g~ Ie I ,. ( ,.~ '. ~. F)/ /.'\ i ~ \j~ ~~ t,( 0 ~. 1 .' -' ". /' -,~'jW'..,\,-) 0 ~ . '~''''''-/ ....... r/~ -" 5:.t~) ,~\ -:'{~ . I _ a. .... V ~ '~r:",},) . - ,\ ~ :Ji )v~~~;~,~;., ,~-J~ W1} J ~~~ \ ,'~t\\V/~'\\~ --~.~\ _'. .....'..~" 'P...:,. ~;J",~eJ' t;~;;;:: 1!"{)~~':[t ~cf;i,i~"~ re ;}' .::,.,~~.. -. ,- ~ . " ~ ? ,~~\~(......a ~ )7~,;-,\ j; \;['- ":. - ,: ~ : ~r--;.: ...'1 ~~~ ,:))! (, O::~;('k ~:', " ~..~V~O~~,~ <">rr.... \. f.t '. _,:;"J ~if~ Ii ~D~~~~' ~~Jrr&r(~ ~ D , \C)'" J f' \ /-']\./ {Pi: l. f!~' ~" : ~.. . . ", " \v ; ..../~ ( '-'}yl~ (.\ I ~~ ~ U~. ~\\:. ,,~~~ -' -,:Cii\ ~ ,/~~~'~n1~~~~I~~~ ~~[Zj-, ./' __-~-~--- . A. ~r:/!.~ ~r.l{r 'j;.~1~~( !\:~l",y , ,., ~- \ :J. ~.. ~~~ \ ~S:..:::i\\"".\ ~~...... . ~ \.' .:; '. ',.. 8M !' ff!f. ' '1<..<' II/I ~. ....~'1 \ II .v.~1I '-\ ~'\~), Legend ~ I ~Iu z....,,'=...&\. . '\A:f rlfr ~[) 2,000 4,000 8,000 :), ,-""4. Cl ..I -, \Alm, ~II(' TmctBonnrl~~ It ..1__ - I ~\I" ~J ource: - Tmct bOunillUY considered onlV approximate . ~_ I Feel!'iu;.rr .-\' ~.t:\~, ./ &1 ';'~fti?./f"/ r1l1...1} !~NJ"_\~ e ~n1i~ '''.Y.-......,.,~\\~~.,,\.\I.', / _ -" Scale: 1" = 4,000' En 0 c h PROJECf AREA MAP FIGURE Drawn By: JEG Ovethills Creek Subdivision Reviewed By: ngineerS,P.A8 Spring Lake, North Carolina 3 Date: August - '07 Consulting Engineers & Surveyors Enoch Engineers Project No. 2694 ~":H ~-;"i'~~~:-';, Scale: 1" = 2,000' Drawn By: JEG Reviewed By: Date: August - '07 Enoch ngineers;1' .A. USDA-NRCS SOIL SURVEY FIGURE OverhiIls Creek: Subdivision Spring Lake, North CaJ:olina 4 Consulting Engineers & Surveyors Enoch Engineers Project No. 2694 Legend ........ Unnamed Tributary I:IImpact CJ Property An:a E;] Wetland Boundary Scale: 1" = 500' Enoch ngineers,P A. IMPACT LOCATION MAP Overhills Creek: Subdivision FIGURE Drawn By: JEG Reviewed By: JEG Date: December - 2007 5 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2005-454 County: Harnett U.S.G.S. Quad: Manchester NOTIFICATION OF JURISDICTIONAL DETERMINATION ApplicantIProperty Owner: Mr. William Wellons BBC Enterprises Address: PO Box 727 Spring Lake, NC 28390 Phone Number: 910-436-3131 Property description: Size (acres) Nearest Waterway USGS HUC 43 ut of Lake Holton 03030004 Nearest Town River Basin Coordinates Sprin~ Lake Cape Fear N 35.24688W -78.95107 Location description: The subiect properties are adiacent to an unnamed tributary of Lake Holton and are located iust south of the existin~ phases of Over hills Creek subdivision. south of Over hills Road. between Marvin Drive and Old Enl!lish Lane. north of Sprinl! Lake. Cumberland County. North Carolina. Indicate Which of the Followin!! Applv: Based on preliminary information, there may be wetlands on the above described property, We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. includin~ wetlands on the above described property subiect to the permit reauirements of Section 404 of the Clean Water Act (CW A)(33 USC S 1344). Unless there is a chan~e in the law or our published rel!ulations. this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner, For a more timely delineation, you may wish to obtain a consultant. To be considered fmal, any delineation must be verified by the Corps, X The waters of the U.S. includinl! wetland on your property have been delineated and the delineation has been verified bv the Corps. We stron~lv SU~l!est yOU have this delineation surveyed. Upon completion. this survey should be reviewed and verified bv the Corps. Once verified. this survey will provide an accurate depiction of all areas subiect to CW A iurisdiction on your property which. provided there is no chanl!e in the law or our published rel!ulations. may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/14/07, Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements, Page 1 of2 Action ill: 2005-454 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC ~ 1311), If you have any questions regarding this detennination and/or the Corps regulatory program, please contact Ronnie Smith at (910) 251-4829 Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Delineation Manual and is adjacent to and directly abuttine: an unnamed tributary of Lake Holton. a relatively permanent water body that is a tributary of the Little River. which is a traditional navie:able water. Corps Regulatory Official: Ronnie Smith Date: June 21. 2007 Expiration Date: June 21. 2012 Corps Regulatory Official (Initial): RDS FOR OFFICE USE ONLY: . A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. . A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. . If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Copy Furnished: Jason Godwin Enoch Engineers, P A 1403 NC Highway 50 South Benson, NC 27504 Page 2 of2 02-26-'09 11:17 FROM-~ELLONS REALTY 9104362242 T-094 P01/27 U-044 w. S. WELLONS REALTY, INC. 243 S. BRAGG BLVD. (P. O. BOX 766) SPRING LAKE, NC 28390 TELEPHONE: 910-436-3131 FAX: 910-436-2242 FAX COVER LETTER TO: FROM: DATE: FAX NUMBER NUMBER OF PAGES Jason Godwin Jackie R. Hairr February 26,2009 919-894-8190 27 Jason, let me know if this is what you need. Hopefully it is. Jackie 02-26-'09 11:17 FROM-~ELLONS REALTY 9104362242 T-094 P02/27 U-044 North Carolina Department of Environment and Natural Resources AVA NCDENR NOV 2 4 20~ Michael F. Easley, GolYernor WOllam G. Ross Jr., Secretary James D. Simons, P.G., P.E. DUcctiOt _d State Cc:.c;>logioc Dh'biOl1 uf Laud RQuun:"~ November 23, 2004 Williams S. Wellons, Jr. W. S. Wellons COlporation P.O. Box 766 Spring Lake, NC 28390 Re: Approval of Soil Erosion and Sediment Control Plan Overhills Creek Subdivisiol1 Harnett County, North Carolina Dear Williams S. Wellons, Jr.: The review of the above-referenced erosion control plan has been completed. The plan has been found to be acceptable subject to the following stipulations: 1. This approval is for streets, utilities and storm drainage only. 2. Temporary Sediment Trap Nos. 1 -4 should be rock dams because their drainage areas exceed 5 acres. 3. Enclosed is a Certificate of Plan Approval, which must be displayed at the job site. Title 15A. Section 4B.0127(c) of the North Carolina Administrative Code requires that no person may initiate a land-disturbing activity before notifying this agency of the date the land- disturbing activity will begin. Failure to provide notification will result in a violation of this plan approlYal. 4. In order to ensure the early coordination and implementation of the erosion control plan for this project, it is requested that a preconstruction conference be held. As a minimum, representatives of the owner, engineer~ contractor, and this office should attend, subject to the availability of staff. Please notify Tadd Milam of this office as to. when this conference is scheduled. It is also requested that you notify this office of the proposed starting date fer this project. 5. Title 15, Section 4B.00l7 (A) of the North Carolina Administrative Code requires that a copy of the approved plan be on file at the job site and that inspections of the project be made by this office to ensure compliance with the approlYed plan. Land Quality Section (910) 486.1541 Fax (910) 486-0707 225 Green Street, Suite 714/ Systel Building. Fayetteville, North Carolina 28301-5043 AN I5QUAL OPPORTUNITY \ AFPIRMA TIVE ACTION EMPLOYER - 50% IU!.CVCLEP 110".4 POST CONSUMER PAPER 02-26-'09 11:18 FROM-WELLONS REALTY 9104362242 T-094 P03/27 U-044 Williams S. Wellons, Jr. Overbills Creek Subdivision 6. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility/Ownership Fonn, which you provided. You are required to file an amended fonn if there is any change in the information included on the fonn. 7. AC'.ceptance and approval of this plan is conditioned upon your compliance with fedtlfW anu state water quality laws, regulations, and mles. In addition, local city or county ordinances or roles may also apply to this land-disturbing activity. This does not supersede any other permit or approval. The developer is responsible for obtaining any and all pemtits and approvals necessary for the developing of this project prior to the commencement of this land-disturbing activity. This could include the Division of Water Quality under storm water regulations, the US Anny Corps of Engineers under Article 404 jurisdiction, local county or town agencies under their local ordinances, or others that may be required. This approval cannot supersede any other pennit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All other lands must still be in compliance with the Sedimentation Pollution Control Act. 8.' If any area on site falls under the jurisdiction of Section 404 of the Clean Water Act, the developer is responsible to the orders of the US Anny Corps of Engineers. Any erosion control measures that fall within jurisdictional wetland area must be relocated to the transition point between the wetlands and the highlands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of the Corps of Engineers, it is the responsibility of the developer to infonn the Land Quality Section's Regional Office so that an adequate contingency plan can be made to assure sufficient erosion control on-site. Failure to do so will be considered a violation of this approval. 9. Any borrow material brought onto this site must be from a legally permitted mine site or other approved source. A single use borrow site is only permissible if all of the fOllOwing apply: (1) The excavation or grading is conducted to provide soil or other 1Ulconsolidated material to be used without fhrther processing for a single off-site construction project for which an erosion control plan has been approved in accordance with Article 4 of Chapter 113A of the NCGS. (2) The affected land, including nonpublic access roads, does not exceed five acres. (3) The excavation or grading is completed within one year. (4) the e)Ccavation or grading does not involve blasting, the removal Or material from rivers of streams, the disposal of off-site waste on the affected land, or the surface disposal of groundwater beyond the affected land. (5) The excavation or grading is not in violation of any local ordinance. (6) An erosion control plan for the excavation or grading has been approved in accordance with Article 4 of Chapter 113A of the NCGS. 10. Following the completion of the project, you should notify this office to schedule a final inspection. The purpose of this inspection is to ensure that all erosion control requirements have been met. 2 02-26-'09 11:18 FROM-WELLONS REALTY 9104362242 T-094 P04/27 U-044 WilliflmS S. WeIlous, Jr. Overhilla Creek Subdivision 11, Thia projeot ia Gubjcot to the No.tionQ! I"QUutAllt ))isdwg~ Eli111iui:l.UUl1 Sy:)t~Il1 (NrDBS) and covered by the enclosed general storm water pennit NCGOIOOOO (Construction Activities). You should become familiar with all of the requirements for compliance with the enclosed general pennit. This approval is subject to the satisfactory performance of the erosion control measures under field conditions. Should it be determined that the requirements of the Sedimentation Pollution Control Act of 1973 (GS 113A, 51-66) are not being met, revisions to the plan and its implementation will be required. This permit allows for a land distW'bance, as called for on the application plan, not to exceed 17 acres and/or the limits of the submitted plans. Exceeding these limits will be a violation of this pennit and would require a revised plan and additional application fee. Amendments to the plan should be submitted to this office under the same procedures as followed for the original plan. This plan approval shall expire three (3) years following the date of approval, if no land..disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0029. We look forward to working with you on this project. Sincerely. ~~ Steve Cook, C.P.B.S.C. Assistant Regional Engineer Land Quality Section MSC/fcp Enclosure cc: Enoch Engineers, P A Linwood McDonald. Building Inspector LQ Section Regional File Ricky Revels. Water Quality Section Project Name: Overbills Creek Subdivision Project Number: Hame-2005-01S Submitted By: Enoch Engineers, P AcDate Received by LQ: 11/12/2004 River Basin: Cape Fear 3 02-26-'09 11:19 FROM-WELLONS REALTY 9104362242 ~- I~ ~ t'f) ~. = = = ...... =' =1 .... I:Z: ~ Ie e 1< ~ ! 11> .. : a .., 'C'" .... I::: C) , = I~ >I~ -= 19 -= I Jt.. a ~ C) .... '~ 1't' ~ '.'\ \0 := ~. := ~ tf> "1 (\ .~ l~\ (t-. ,\ (J o -< ~ '"S =- .... - - r" (j .., t't> rtl ~ ~ a =: ~. C'" ('D 9: ~ I ~. Z ! S. ~ i == s! ~ I = == = l:I> a.. d ~'~ ~l- g!~ ... ~ _. = =' _!'"!- = ~ 2 ~ .., .... ::r n :0 '""l o - =' - :0 >- =" ~ ~ = =', ~ =-~~I-'===, e CJC .. W> Q., r:IJ t'D .. t'IJ - z~ ;" t'IJ Q . ~ ('!) ~ ~.~.., Ut=~ a =t == Q:. ~ .. -. ~=-::J---=== : = t"'J =., -"C (JQ -< =---~~ ('Da;-~f;''''~ """.. .... rn = \J-a '-'0 -<.... ~~=!~~e: ~ ..... rI} _ t':I r:IJ .... =' '""" .... tl:l ~ ~S:=-z~Q~ _. .. t'I:) _ _. 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Ross Jr., SecretBry NOIfh CaroIinoa ~ of Envirot1m8f1t and NaIUral Resoutoes Alan W. Klimek, P.E. Director DMr.1on of Wotcr Qualit)- NPDES STORMWATER DISCHARGE PERMIT FOR CONSlRUcnoN AcnVIDES Regulations adoPted by the US Environmental Protection Agency (US EPA) and by the North Carolina Division of Water Quallly require that a National Pollutant DisCharge Elimination System (NPDES) permit be obtained for stormwater discharges from construction activities with land disturbance of 5 or more acres (1 or more acres after March 10,2003). This permit is in addition to your ap,provec:t er~ion ~d ~~~tion ~t~,plan ,appro~" The, Division of Wa~ ~ity is deJegated by the US EPA to administer the NPDES permit program' in'North Carolina. You havEt"been given.'a cOPY'of this General Permit and coverage under this general permit because your project is subject to these NPOES permitting requirements. You must COInply with the applicable terms an.. conditl,;>>l$, ,of this G~... 'P~" .nd' you '., ' subject to enforcement by the Division of Water QUality for any Ylolatlons of the General Permit It is riot necessary to file a Notice of Imem to be covered by this General Permit nor to receive a Oertif/C8.te of Coverage from the Division of Water Quality. If you do not wish to be covered by this general pennit you may make application to the Division of Water Quality to be covered under an individual stormwater NPDES permit. DescriDtion of Provisions The General Permit is tied to an approved Erosion and Sedimentation Control Plan issued by the North Caronna Division of Land Resources, or an apgroved Local ProorAm. AtfhArgncc. to the rilroeion and SedlmontAtiCllt Culllrul Plan IS an enforceable oomponent of the General Permit The General Permit not only requires adherence to the ilPPt'OVed Erosion and ~mAntation Control Plan, but 4100 i.,cludco othErr lilllilistiufl$ ana contrOlS. ~ome of the major items are OUUined below. · Coverage - The permit covers projects that disturb 5 Or more acres of land until March 10, 2003 when this thresholc:l Will be dropped to cover projects disturbing one or more acre of land. · Inspections - The pennittee must inspect all erosion and sedimentation control facilities and also must observe runoff at stormwater diSCharges in aocordance with the general permit (see Part I Section B for specific frequencies, eta.). Discharges to certain impaired waters require more frequent inspections. · Records - Reoords of inspections must be maintained with a copy of the approved Erosion and Sedimentation Con1roI Plan at the project site. An example of a ,potential inspection Jog is attached for your use. · The General Permit has other proVisions that adclress areas that could effect stannwafer runoff from construction activitY that are not a part nf AI'I eroeion and tlOdimontGtion control plan. TIn:rtitJ UrNS are aaaressec:t in Part I Section A. of the General Permit and include matters such as demolition debris, chemical usage. and ofl spills that may contaminate stonnwater runoff ,on a construction site. Please note that there are other proViSions in the permit and you shoUld read and become familiar with all of these conditions. If You Ha\le Ouestions About the General Perm!! Questions concerning the General Permit requirements can be addressed to the Division of Water Quality Regional Office. OffICe locations and phone numbers are as follows: Asheville Regional Office......... 828/251--6208 Fayetteville Regional Office...... 910/486--1541 Mooresville Regional Office...... 7041663- 1699 RaJeigh Regional Office........... 919/57'~700 Washington Regional Office...... 2521946-6481 Wilmington Regional Office.....n 910/395-3900 Winston-8aJem Regional Office... 336/771-4600 Central Office......................... 91917.33.5083 For more information regarding the Programs of the Division of Water Quatity, Stormwater and General Pennits Unit, see our home page at: http://h2o.enr.stste.nc.us/SUlsformwater.hfml AVA NCD~ Cu5tomer Service Division afWater Quality 1617 Mail Service Center RiilleiQh, NC 27899-tA1'7 (01Q) ~,'701l: t Rn'UI~""'AO 02-26-'09 11:19 FROM-WELLONS REALTY ~ E ~ - !oo c.> < fi 2 e IS = ~ :i I I s 8 z f- - :E :1 A- i J:I;l t,') ~ i ! a f ~ ... gs E-o ~ ii"" :E 2 C'Ll ~ .. ~ .. 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" ci3rl~ .1 ~fii- j .8n"'=':; IllI ;:"O'i;;h Iii II) - .8 ~ Q.~ :@j.Q ~ ,"jd U ,J:.;! e tll ~ .8 .51 i.s e ~ ....i;...1Il t::1I l1"'uo 0= .Qjj-S .::;J:i '5t:!:S.S !:l~ "_ H r;:: = .... -==0= ...~ ii:=..cS e;~ ts1;i a~ ..Q-~- I..~ E ~ 0 'S oS ~ Eg.cc:: Ej.....' .:;:f.J"i ~ ~u~~ g~ O--"'='fi ~..: iii ~:: ill:! 2 ... rs:! GO \l .il i5 -, - ... ~ ur:f.l]i:: .;.:;;:c:::! .. bO"'I:.l 3 ;;;-~ ~,!3 g..e: ...... r.: '5 '[; g,.fI) ~ S" -..9r1:= :;l~ \J a.. tI3 0 . ~ 'i o ~ c,::; ~ j 5 I' I sin 02-26-'09 11:20 FROM-~ELLONS REALTY 9104362242 T-094 P08/27 U-044 Pennit No. NCGOlOOOO STATE OF NORm CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMlT TO DISCHARGE STORMW A TER UNDER THE NATIONAL POJ,LUfANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143.215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental ' Management Commission and the Federal Water Pollution Control Act as amended, - All ,owners or operators of stormwater point source discharges associated with construction activities including. clearing. grading-and excavation activities resulting in the disturbance of land are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to the surface waters. The General Permit shall become effective on October 1, 2001. The General Pennit shall expire at midnight on September 30, 2006. Signed this day October 1, 2001. Page 1 of 20 Pages 02-26-'09 11:20 FROM-WELLONS REALTY 9104362242 T-094 P09/27 U-044 Pennit No. NCGO 1 ??oo , PERMTITED ACTIVITIES Until this pennit expires or is modified or revoked, the pennittee is authorized to discharge stonnwater which has been adequately treated and managed in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources. Land Quality Section, or a delegated Jocal program under the provisions and requirements of North Carolina General Statute 113A ~ 54.1 to the surface waters of North Carolina or to a separate stonn sewer system. All discharges shall be in accordance with the attached schedules as follows: Part I: Pan n: Monitoring, Controls, and Limitations for Pennitted Discharges Standard Conditions Any other point SOUl'Ce discharge to surface waters of the state is prohibited unless covered by another permit: authorization or approval. The discharges allowed by this General Pennit shall not cause or contribute to \'iolations of Water Quality Standards. Discharges allowed by this pennit must meet applicable wetland standards. as outlined in lSA NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in lSA NCAC 2M .0500. This pennit does not relieve the pennittee from responsibility for compliance with any other applicable federal, state, or local law , rule, standard. ordinance, order. judgment, 'or decree. General Permit Cov=-age This General Pemrlt is applicable to point source discharges from construction activities disturbing five acres of land prior to March 10,2003. As of March 10, 2003, this permit will be applicable to point source discharges of-stonnwater from construction activities disturbing one or more 3Cn'~ of lantl Thp. ~ubmililcion of a propooed Emllion Md Scdin:.cuLc&tiulI Culllrul Plan 10 the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Pennit for those projects requiring this pet:Jnit co\'erage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control' Plan by the Land Quality Section of the Di vision of Land Resources. or delegated local program. Prior to the commencement of construction and'land disturbing at:tivities approval of the Erosion and Sedimentation Control Plan shall be obtained. . Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2R .0100, stating the rea$ons supporting lhe request. Any application tor an individual pennit should be made at least 180 days prior to the time the ~nnit is needed. This General Permit does not COver activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which CQuld be covered by this General Permit may request that the individual pemtit be. rescinded and coverage under this General Permit be provided. Page 2 of 20 Pages 02-26-'09 11:21 FROM-WELLONS REALTY 9104362242 T-094 P10/27 U-044 Pennit No. NCOOlOOOO PART I MONITORING, CONTROLS, AND UMlTATIONS FOR PEIUD:rnm DISCHARGES SEcrIOlL A: ~AL LIMITATIONS AND CONTROLS FOR STORMWA'fEI! DISCHARGES During the period beginning on ,the effective date of the pennit and lasting until expiration, the Pennittee is authorized to discharge stormwater associated with construction activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Prior to the commenCement of construction, the permittee shall sublJ)it for approval a Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and Natural Resources, Division of Land Resources, Land Quality Section, (or an approved local ttmeram) I'lInUlant to the requinmlente of NC G.S. 113A-54.1 Ql1d jll ,",uufuuuily with roles adopted by the NOrth Carolina Sedimentation Control Commission. 2. The Permittee shall implement the plan, which has been approved by the approval authority. The approved plan is considered a requirement or condition of this general permit. Deviation' from the approved plan, or approved amendment to the plan, shall ' constitute a violation of the tenns and conditions-of this general permit except that deviation from the approved plan will be allowed (1) to colTCCt an emergency situation where sediments are being discharged off the site or (2) when minor modifications have ," been made for the purpose of improving the performance of the erosion and sedimentation conttol measures and notification of the minor modification has been made to the Division of Land Resources (or approved local program). Such a deviation from the approved plan shall be noted on the approved plan maintained at the job site. During active construction. a copy of the approved plan shall be maintained on the site. 3. Equipment utilized during the construction activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the swface or ground waters of the state. Fuels, lubricants. coolants. and hydraulic fluids, or any other petroleum products. shall not be discharged onto-the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enrer the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned, up to the extent practicable and disposed of ' in a manner so as not to allow their entry into the waters, surface or ground, of the state. 4. Heroicide, pesticide, and fertilizer usage during the constroction activity shall be consistent With the Federal Insecticide, Fungicide, and Rodenticide Act and shalJ be in accordance with label restrictions. ' Page 3 of 20 Pages 02-26-'09 11:21 FROM-~ELLONS REALTY 9104362242 T-094 P11/27 U-044 Permit No. NCGOLOOOO ~: All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A. Article 9 .,Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section lSA NCAC 13B). 6. The Pennittee shall control the management and disposal of litter and sanitary waste from the site such that no adverse impacts to water quality occur. Page 4 of 20 Pages 02-26-'09 11:21 FROM-WELLONS REALTY 9104362242 T-094 P12/27 U-044 Permit No. NCGOlOOOO SECTION B: MINiMuM MONITORING AND REPORTING REOlTIREM;ENTS Minimum monitoring and reporting requirements are as follows unless othexwise approved in writing by the Director of the Division ofWatet Quality. 1. All erosion and sedimentation control facilities shall be inspected by or under the direction of the pennittee at least once every seven calendar days (at least twice every seven days for those facilities discharging to waters of the State listed on the latest EP A approved 303(d) list for construction related indicators of impairment such as turbidity or sedimentation"'.) and within 24 hours after any storm event of greater that 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a record of die rainfall amounts and dates shall be kept by the permittee. (** The latest approved list may be obtained from the Division of Water Quality, or from' the following website location: http://h2o.enr.state.nc.ualsu/constructiun303tl) 2. Once land disturbance has begun OIl the site, stormwater runoff discharges shall be inspected by observation for stonnwater discharge characteristics as defined below at the frequency in #1 above to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Stonnwater Discharge Monitoring Monitoring Characteristics Tvnel LOcation2 Clarity SOO F10atinjt Solids SDO S . . Solids SOO Oil Sheen SDO Other obvious indicators 800 of stonnwater pollution Footnotes: 1 Monitoring Type: The monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. . , , .2 Sample Location: Stormwater Discharge OutfaU (SDQ) 3.' The operator shall keep a record of inspections. Visible sedimentation found outside of the distUrbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to' control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Page 5 of 20 Pages 02-26-'09 11:22 FROM-WELLONS REALTY 9104362242 T-094 P13/27 U-044 Pennit No, NCGOlOOOO SEcnON C: SCHEDULE OF COMPLIANCE L The pennittee shall comply with Final Limitations and Controls specified for stonnwater discharges Once disturbance has begun on the site and until completion of construction or development and the establishment of a pennanent ground cover.. 2. Durine con5tructinn anrl nntil thp. t"nm!'l...tint\ of II cofteWuQtion Qr dovolopmc;,l'lt 411\1 I.hw establishment of a pennanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the stonn water controls at optimum efficiency. Page 6 of 20 Pages 02-26-'09 11:22 FROM-WELLONS REALTY 9104362242 T-094 P14/27 U-044 Pennit No. NCOOlOOOO PARTD STANDARD CONDmONS SECl10N A: DEPlNfI]Q.N~ 1. Act or "the Act" or CW A lbe f'ederal Water PollUUon control ACt, alSO known as the Clean Water Act, as amended, 33 use 1251, el seq. 2. Best Manas:ement Practices lBMP,s) Schedules of activities, prohibition~ of practices, maintenance procedures, and other management-practices to prevent~ reduce the pollution of wateJ:s of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. DWO or Division The Divi!ilion of Water Quality, Dep:u1ment of Environment. D1ld Natural ~. 4. Director The Director of the Division of Water Quality, the pennit issuing authority. S. EMC The North Carolina Environmental Management Commission. 6. Pegmttee The person who signed as the financially responsible party on the Erosion and Sedimentation Control Plan. 7. Point Source Discharge Any discernible, confined and discrete conveyance; including but specifically not limited to, any pipe, di~h, channel. tunnel, conduit, well. discrete fissure, container, rolling stock, or concentraJed animal feeding operation from which ~llutants are or may be discharged to waters of the state. 8. Adr.ninistr.ator The Adminstrator of the U. S. Environmental Protection Agency. Page 7 of 20 Pages 02-26-'09 11:22 FROM-WELLONS REALTY 9104362242 T-094 P15/27 U-044 Permit No. NCGOlOOOO SECTION B: GENERAL CONDITIONS L Dutv to Comply. The pennittee must comply wirh all conditions of this general permit. Any pennit noncompliance constitutes a violation of the Clean Water Act and is grounds for: enforcement action; certificate of coverage tennination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. (a) The pennittee shall comply with effluent standards-or prohibitions established unde.. section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use ~r dispoSal established under section 405(d) of the CW A within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the pennit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates section 301, 302. 306, 307, 308, 318 or 405 of the Act, or any pennit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27.000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307. 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a pennit issued under section 402 of the Act. or any requirement imposed in a pretreatment program approved-under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per eJay of violation. Or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day 9f violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5.000 to $50.000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not 'more than 6 years, or both. Any person who knOwingly violates section 301, 302. 303, 306, 307,308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction. be subject to a fine of not more than $250.000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $5oo,ooo-or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA. shall, upon conviction of violating the imminent danger provision. be subject to a fine of not more than $1,000.000 and can be fined up to $2,000,000 for second or subsequent convictions_ (e) Under state Jaw~ a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in Page 8 of 20 Pages 02-26-'09 11:25 FROM-WELLONS REALTY 9104362242 T-095 P16/27 U-044 Permit No. NCGOlOOOO accordance with the tenns, conditions, or requirements of a pennit. [Ref: NC General Statutes 143-21S.6A]. (d) Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,306,307,308,318 or 40~ of this Act, or any pennit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Cl~ n penalty not to exceed $137.500. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimi~ or prevent any discharge in violation of this general pennit which has a reasonable likelihood of adversely affecting human health or me environment. 3. Civil and Criminal LjJbility Except as provided in Section C. of this pennit regarding bypassing of stonnwater control facilities,. nothing in this general pennit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-2IS.6A, 143-21S.6B, 143-21S.6C or Section 309 of the Federal Act, 33 use 1319. Fmthennore, the pennittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance ~ be temporarily suspended. 4. Oil and Hazardous Subltance Liability Nothing in this general pennit shall be construed to preclude the institution of any legal action or relieve me pennittee from any responsibilities, liabilities, or penalties to which the pennittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act. 33 use 1321. FUrthermore, the pennittee is responsible for consequential damages. such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. ~ Rights The issuance of this general permit does not convey. any property rights in either real or personal property. or, any exclusive priVileges. nor does. it authorize any injury to pri vale property or any invasion of pelSonal rights, nor any infringement of Federal, State or local laws or regulations. 6. Severability Page 9 of 20 Pages 02-26-'09 11:25 FROM-WELLONS REALTY 9104362242 T-095 P17/27 U-044 Pennit No. NCGOlOOOO The provisions of this general permit are severable, and if any provision of this general pennit~ or the application of any provision of this general per.mit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general pennit, shalt not be affected thereby. 7. Duty to Pro\'ide Infonnation The pennittee shall furnish to the Director. within a reasonable time, any infonnation which the Director may requ8at to detoanUDO whether Co.UM'. cxi~\.ll CUI UluWfying. revoking and reissuing, or tenninating the certificate of coverage issued pursuant to this general permit or to detennine compliance with this general pennit. The pennittee shall also furnish to the Director upon request, copies of records required to be kept by this general pennit. 8. When an ~ndividual Permit may be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general pennit. Any interested person may petition the Director to require an individual pennit pursuant to lSA NCAC 2H .0127. Cases where an individual pennit may he reqU11'P.d include, but are not limited to. the fonowing: a. The discharger is a significant contributor of pollutants; b. Conditions at the pe.nnitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; . c. The discharge violates the terms or conditions of this general permit; d. , A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated fOf the point sources covered by this general permit; f. A water q~lity management plan containing requirements applicable to such point sources is approved after the issuance of this general pennit. g- The Director detennines at' his own discretion that an individual pennit is required. 9. When an Individual Pennit may be Requested Any pennittee operating under this general permit may request to be excluded from the coverage of this general pennit by applying for an individual permit. When an individual Page 10 of 20 Pages 02-26-'09 11:25 FROM-WELLONS REALTY 9104362242 T-095 P18/27 U-044 Permit No. NCGOlOOOO permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual pennit. 10. Signatory Reauirements a. All applications. reports, or infonnation submitted to the Director shall be signed and certified as follows: (1) For a colpOfBtion: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretan', treasurer or vice president of the corporation in charge of a principal business functiont or any other person who perfmms similar policy or decision making functions for the corporation. or (b) the manager of one or more l1W1ufacturing production or operating facilities p10vided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other cOIDp!ehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the riecessary systems established or actions tatP.n tn pthET complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietOrship: by a general pinner or the proprietor, respectively; or (3) For a municipalityt State. Federal, or other public agency: by either a principal exeCutive officer or ranking elected official. b. All reports required by the general pennit and other-information requested by the Director shall be signed by a penon described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) The authorization is made in writing by a person described above; (2) The authoIization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity. such as the POsition of plant manager, operator of a well or well field, superintendent. a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly autIJorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of lhi$ section shall make the following certification: Page 11 of 20 Pages 02-26-'09 11:26 FROM-WELLONS REALTY 9104362242 T-095 P19!27 U-044 Permit No. NCGOlOOOO "I certify, under penalty of law. that this document and all attJlchments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the infonnation submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting fsIRe information. including the possibility of fines and imprisonment for knowing vi olations. .. 11. General Permit Modification. Revocation and Reissuance. or Term.ination The issuance of this general permit does not prohibit the Director from reopening and' modifying the general pennit. revoking and reissuing the general permit. or terminating the general pennit as allowed by the laws, rules. and regulations contained in Title 40, Code of Federal Regulations, Pans 122 and 123; Title ISA of the Nonh Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. seq. Page 12 of 20 Pages 02-26-'09 11:26 FHOM-WELLONS REALTY 9104362242 T-095 P20/27 U-044 Permit No. NCGOlOOO(} SECTION c: OPERAnON AND MAINTPNANCE OF POLLUTION CQNTROLS 1. Proper. Opemtion and Maintenance , , The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)-which are installed or used by the pennittee to achieve compliance with the conditions of this general pennit. 2. N~ to Halt or Reduce nota Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or Rduce the pennitted activity in order to maintain compliance with the condition of this general permit. 3. B-YPasJin-i of Stmmwater Control Facilities a. Definitions (1) "Bypass" means the intentional diversion of stormwater from any portion of a stormwater control facility including the collection system.. which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial.physical damage to property. damage to the control facilities which causes them to become inoperable, or' substantial and pennanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which-does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not, subject to the provisions of Paragraphs c. and d of this section. C. Notice (I) Anticipated bypass. If Ihe pennittee knows in advance of the need for a bypass. it shall submit prior notice, if possible at least ten days before the dare of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass as required in Part D, E. 3.(b)(1) of this general pennit. (24- hour notice). d. Prohibition of Bypass Page 13 of 20 Pages 02-26-'09 11:26 FBOM-WELLONS BEALTY 9104362242 T-095 P21/27 U-044 Pennit No. NCGOlOOOO Bypass is prohibited and the Director may take enforcement action against a pennittee for bypass, unless; (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during Donnal periods of equipment downtime m' dry weather. This condition is not satisfied if adequate backup controls should have been instaUed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during nonnaJ periods of equipment downtime or preventive maintenance; and (3) The pennittee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Uysets a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the pennittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities. inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an Upset. An upset constitutes an affinnar:ive defense to an action brought for noncompliance with technology based pennit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions Necessuy fOf a Demonstration of Upset A penniUee who wishes to establish the affj~ative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs. or other relevant evidence that: (1) An upset occlm'ed and that the pennittee can identify the cause(s) of the upset; 2) The pennitted facility was at the time being properly operated; and Page 14 of 20 Pages 02-26-/09 11:27 FROM-~ELLONS REALTY 9104362242 T-095 P22/27 U-044 Pennit No. NCGOlOOOO (3) The permiuee submitted notice of the 'upset as required in Part fi, E. 3. (b) (2) of this general permit. (4) The permittee complied with any remedial measures required under Part TIt A. 2. of this general permit. d Burden of Proof In any enforcement proceeding the permittee seeking to establish the OCCUITence of an upset has the burden of proof. Page 15 of 20 Pages 02-26-'09 11:27 FROM-~ELLONS REALTY 9104362242 T-095 P23/27 U-044 Permit No. NCGOlOOOO SECIlON D: MONITORING AND RECO~ 1. Representati ve Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the pennitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water. or substance. . 2. Penalties for Tampegqg The Clean Water Act provides that any person who falsities, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this generaJ permit shall, upon conviction. be punished by a fine of not more lhan $10,000 per violation. or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a rust conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation. or by imprisonment of not more than 4 ye~, or both. 3. Records R.etention The pennittee shall retain records of all monitoring information and copies of aU reports required by this general pemUt, for a period of at least S years from the date of the sample, measurement. report or application. This period may be extended by request of the Director at any time. 4. Recording Results For each measurement, sample, inspection or maintenance activity perfonned or taken pursuant to the requirements of this general' penrot, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. The date(s) analyses were perfonned; d. The individuaJ(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 5. Inspection and Entry Page 16 of 20 Pages 02-26-'09 11:27 FROM-WELLONS REALTY 9104362242 T-095 P24/27 U-044 Permit No. NCGOlOOOO The permittee shall allow the Director. or an authorized representative (including an authorized contractor acting as a representative of the Director). or in the case of a facility which discharges through a municipal separate stonn sewer system. an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other doCuments as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; . b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general pennit; c. Inspect at reasonable times any facilities. equipment (including monitoring and control equipment), practices. or operations regulated or tequired under this general permit; and d. Sample or monitor at reasonable times. for the purposes of assuring general pennit compliance or as otherwise authorized by Ule Clean Water Act. any substances or parameters at any location. Page 17 of 20 Pages 02-26-'09 11:28 FROM-WELLONS REALTY 9104362242 T-095 P25/27 U-044 Pennit No. NCGOlOOOO SECTION E: REPORTING REOUIREMENTS 1. Planned Chang~ The permittee shall gi ve notice to the Director as soon as possibl_e of any planned physical alterations or additions to the pemritted facility. Notice is required only when: 8. The a1reration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new sOW'Cein 40 CPR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to poUUtallts which are subject neither to effluent limitations in the general pennit. nor to notification requirements under 40 CPR Part 122.42 (a) (I). 2. Anticipated Noncompliance The pennittee shall give advance notice to the Director of any planned, changes in the pennitted facility or activity which may result in noncompliance with the general pennit requirements. 3. Twen!}'-four Hoor Reoorting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger l1ealth or the environment. Any information shall be provided orally within 24 hours from the time the pennittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pennittee becomes aware of the circumstances. The written submission shall contain .A dp.~riJltinn nf thf.'! 'OoncomplUalce, and iw OIlUOOO; the period of noncompliance. including exact dates and times, and jf the noncompliance has not been cOlTected, the anticipated time it is expected to continue; and steps taken or planned to reduce. elj~nate, and preyent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (I) Any unanticipat~d bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general pennit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general pennit to be reported within 24 hours. c. The Director may waive the written repon on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Page 18 of 20 Pages 02-26-'09 11:28 FROM-WELLONS REALTY 9104362242 T-095 P26/27 U-044 Pennit No. NCOO 1??oo , 4. Other Infonnation Where the permittee becomes aware that it failed to submit any relevant facts in any report to the Director, it shall promptly' submit such facts or information. 5. Availability ofRe,ports Except for data determined to be confidential under-NCGS 143p215.3(a)(2) or Section 308 of the FederaI Act, 33 use 1318, aII reports prepared in accordance with the tenns shall be available for public inspection at the offices of the Division of Water Quality. As. required by the Act, discharge data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCOS 143-215.6B or in Section 309 of the Federal Act ,6. Penalties for FalsificatiOQ of Ropons The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reportS of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Page 19 of 20 Pages 02-26-'09 11:28 FROM-~ELLONS REALTY 9104362242 T-095 P27/27 U-044 Pennit No. NCGOlOOOO SECTION F: UMITATIONS REOI!ENER This general permit shall be modified or alternatively, revoked and reissuedt to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (e), and (d)t 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. controls any poll~~t not limited in the general pennit. The general pennit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 20 of 20 Pages 02-26-'09 11:36 FROM-WELLONS REALTY 91134362242 T-096 P01/11 U-1345 w. S. WELLONS REALTY, INC. 243 S. BRAGG BLVD. (p. O. BOX 766) SPRING LAKE, NC 28390 TELEPHONE: 910-436-3131 FAX: 910-436-2242 FAX COVER LETTER TO: Jason Godwin FROM: Jackie R. Hairr DATE: February 26, 2009 919-894-8190 FAX NUMBER NUMBER OF PAGES 27 Jason, let me know if this is what you need. Hopefully it is. Jackie ;~~ Jlf~ ~ ~ -1.-/ <J;t ~ ~~ 02-26-'09 11:36 FROM-WELLONS REALTY 9104362242 T-096 P02/11 U-045 MAY 1 2 2005 James D. Simons, PG, PE Director and State Geologist AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr,. Secretary May 9. 2005 LETTER OF APPROVAL WITH MODIFICATIONS Williams S. Wellons. Jr. W. S. Wellons Corporation P.O. Box 766 Spring Lake, NC 28390 RE: Project Name: Overhills Creek Subdivision Acres Approved: 17 Project In: Hame-200S-01S County: Harnett River Basin: Cape Fear Stream Classification: Other Submitted By: Enoch Engineers, P A Date Received by LQS: 4/22/2005 Plan Type: R Dear Williams S. Wellons, Jr.: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval With Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval. if no land-disturbing activity halS been wukrtaken, alS il:l requiral by Tille 15A NCAC 4B .0129. Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by O.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project. it is detennined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute I 13A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Fayetteville Regional Office 225 Green Street~ Suite 714, Fayetteville, North Carolina 28301 · Phone: 910-486-1541/ FAX: 910-486.0707 02-26-'09 11:36 FROM-WELLONS REALTY 9104362242 T-096 P03/11 U-045 Letter of Approval with Modifications Williams S. Wellons, Jr. May 9, 2005 Page 2 of3 Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and .rules. In addition, local city or COWlty ordinances or roles may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stonnwater Permit NCGO 1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Ple:we note that th:ic approval io bAaed in part on the Q.OoUt'aoy of the infonnanon providod in the Financial Responsibility Form, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, ~~ Steve Cook, C.P.E.S.C Land Quality Section Enclosures: Certificate of Approval Modifications Required for Approval NPDES Pennit Co: Enoch Engineers, P A T -inwood McOonald. 'Rlli1d,ine; TnFlflf'lctnr Belinda Henson, Division of Water Quality Land Quality Section 02-26-'09 11:37 FROM-WELLONS REALTY 9104362242 T-096 P04/11 U-045 Letter of Approval with Modifications Williams S. Wellons, Jr. May 9, 2005 Page 3 of3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Overhills Creek Subdivision Project ID: Hame-2005-015 County: Harnett 1. This approval is for the wetlands Restoration Plan and associated revised drainage and erosion control only. 2. The surface area Temporary Sediment Trap (Rock Dam) No. 6 should be increased to provide at least 0.01 acres per cubic feet per second (cfs) to achieve adequate trapping efficiency. In addition, the spillway weir should be located as far. 02-26-'09 11:37 FROM-WELLONS REALTY = a- ft) i it \C '" ~ ~ ! a; >- "CI "CI ~ 1:1 ... ~.. p 1. f'D " ... I ~ I. ~ .~ ! 8 ~ ... =r" = - ~ n ... trI a., r:IJ & c.. .... :S. (Ill ..... 01 &:I I = ~ g =: ~ ! 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C=-tilt'I)=- ~r!.~S'ig =- ;- n = ft) =, =-r=-;-a.S" ~ ~~ ~ Ct. 2~ ;",~S.8 ~t")"';r....~n 5r=.Q.1 == = == (Jl ::=. := ~ =-, <= ....;a -., q Q:l "1 ~.-.. 0= e '""l==A. - e ~ 'I '-' a 't.'S =:t."-'=('D- =ee=== ~ /:I. ~.....=. T-096 P05/11 U-045 n' ~ ~ .. ~ JIIIIIIt n ~. ~ o ~ ts > :z > :g ~ o ~ ~ @2-26-'@9 11:38 FROM-WELLONS REALTY 91@4362242 T-096 P08/11 U-045 James D. Simons, PG, PE Director and State Geologist AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section AUG 2 3 2005 Michael F. Easley, Governor William G, Ross Jr., Secretary August 18. 2005 LETTER OF APPROVAL WITH MODIFICATIONS William S. Wellons, Jr. W.S. Wellons Corporation POBox 766 Spring Lake, NC 28390 RE: Project Name: Overhills Creek Subdivision Section Six Acres Approved: 3.7 Project In: Harnew2006wOOl County: Harnett Anderson Creek 243 S. Bragg Blvd. River Basin: Cape Fear Stream Classification: Other Submitted By: Enoch Engineers, P A Date Received by LQS: 8/3/2005 Plan Type: R Dear William S. Wellons, Jr.: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval With Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land~disturbing activity has been undertaken. as is required by Title 15A NCAC 4B .0129. Please be advised that Title 15A NCAC 4B ,Ol18(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this Jetter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan, North Carolina's Sedimentation Pollution Control Program is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute l13A-5l through 66), this office may reqUire revisions to the plan and implementation of the revisions to insure compliance with the Act. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301 · Phone: 910-486-15411 FAX: 910-486-0707 02-26-'09 11:38 FROM-WELLONS REALTY 9104362242 T-096 P09/11 U-045 Letter of Approval with Modifications William S. Wellons, Jr. August 18,2005 Page 2of3 Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition. local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other pennit or approval. Please be aware that your project will be covered by the enclosed NPDES General StOIDlwater Pennit NCGOIOOO (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Pl~as~ note that this approval is 'bued in p:lrl on the accUrQ.c:Y of the informa.tion pro"lidod in the Financial Responsibility Fonn, which you have provided. You are requested to file an QlnondQd form if thoro b lUly cho.nE;c in the information inoludod on thl;; ronll. III Additio!l, it would be helpful if you notify this office of the proposed. starting date for this project. Please notify us if you plan to have a preconstroction conference. Your cooperation is appreciated. Sincerely, k~ Steve Cook. C.P .E.S.C Land Quality Section Enclosures: Certificate of Approval Modifications Required for Approval NPDES Pennit Cc: Enoch Engineers. P A Linwood McDonald, Building Inspector Belinda Henson, Division of Water Quality Land Quality Section 02-26-'09 11:38 FROM-WELLONS REALTY 9104362242 T-096 P10/11 U-045 Letter of Approval with Modifications William S. Wellons, Jr. August 18, 2005 Page 3 of3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Overhills Creek Subdivision Section Six Project ID: Hame.-2006-001 County: Harnett 1. This approval is for streets and utilities only. 02-26-/09 11:39 FROM-WELLONS REALTY 9104362242 T-096 Pll111 U-045 =""O.C= ===~c= .... Cl.> =........... .. ~a ......... .... ~s~e c5'-",...js..= s.....r-.=-;U .... .. 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U il1 =- U ,...=in~ = ~ =- c~~'-"B==~ 0 II'l -< Q b()~ ~5=: Q = ('ol J::l "" ,; '-''';; "'C ~ otS' lit ==;~~~b - =: .... ! Q.) .... In ~ .!a fI) .... := = =-~~. Q rI.l = CIl := ~ ~ i.. -< ~ fifj'C~:a' a ~~;=E-4~~ ~ U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ill. 2005-454 County: Harnett USGS Quad: Manchester GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Mr. William Wellons BBC Enterprises Address: PO Box 727 Sprinl!: Lake. NC 28390 Telephone No.: 919-436-3131 Size and location of property (water body, road name/number, town, etc.): The project area is apvroximatelv 43 acres in size and is located just south ofthe existinl!: Overhills Creek residential subdivision. off of Overhills Road between Marvin Drive and Old Ent!:lish Lane. north of Sprint!: Lake. Cumberland Countv. North Carolina. Description of projects area and activity: This permit authorizes impacts to 0.123 acres of wetlands for the construction of roads to service the proposed Overhills Creek Subdivision-Section 7. PartI. Applicable Law: ~ Section 404 (Clean Water Act, 33 USC 1344) o Section 10 (Rivers and Harbors Act, 33 USC 403) Regional General Permit Number: ----'- Nationwide Permit Number: After-the-fact NWP 14 Authorization: SEE ATTACHED GENERAL. REGIONAL AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued ancl/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization. expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subj ect to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management, This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829. Corps Regulatory Official Ronnie Smith ~ Expiration Date of Verification: AUl!:Ust 9. 2009 Date: AUl!:Ust 9. 2007 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Surveyor visit htto://www.saw.usace.annv.mil/WETLANDS/index.html to complete the survey online. Page 1 of2 Determination of Jurisdiction: o Based on preliminary information, there appear to be waters of the US including wetlands within the above descnbed project area, This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). o There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ~ There are waters of the US and/or wetlands within the above descnbed project area subject to the permit requirements of Section 404 of the Clean Water Act (CW A)(33 USC S 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. o The jurisdictional areas within the above descnbed project area have been identified under a previous action. Please reference jurisdictional determinations issued. Action ID Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to an unnamed tributary of Lake Holton. a tributary of the Little River. a tributary of the Cape Fear River. which is a navil!able water ofthe US. There are two isolated wetlands on the property that are not that are not subiect to re!!u1ation under section 404 of the Clean Water Act. However. isolated wetlands are subiect to rel!Ulation bv the state of North Carolina. Prior to startinl! work. vou should contact Mr. Chad Turlinl!ton with the North Carolina Division of Water Quality. The address is as follows: NCDENR - NCDW 225 Green Stree Suite 714 Fa ettevill 2 Corps Regulatory Official: Ronnie Smith Date AUl!llst 9. 2007 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE AITACHED TO THE FILE COPY OF TIllS FORM, IF REQUIRED OR AVAILABLE. Enclosures: Delineation of Lot 1, Section 4, Part 4 of Overhills Creek General Restoration Plan Project plans with wetland delineation Copies Furnished: ~~. Enoch Engineers, P A 1403 NC Highway 50 South Benson, NC 27504 Ms. Belinda Henson NCDENR-DWQ Systel Building 225 Green Street, Suite 714 Fayetteville, NC 28301 Page 2 of2 Mr. Chad Turlington NCDENR-DWQ Systel Building 225 Green Street, Suite 714 Fayetteville, NC 28301 Mr. Shelton Sullivan Wetlands and Stormwater Branch NPS Assistance and Compliance Oversight Unit 1617 Mail Service Center Raleigh, NC 27699 Page 3 of2 Action ill Number: 2005-454 County: Harnett Permittee: BBC Enterprises/ Mr. William Wellons Date Permit Issued: AUl!Ust 9, 2007 Project Manager: Ronnie Smith Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Overhills Creek Subdivision, Section 7, Part 1 BBC Enterprises Harnett County AID# 2006-454 Special Conditions: 1. In order to compensate for impacts to .123 acres of wetlands, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.246 acres of non-riparian wetland in the Upper Cape Fear River Basin, Cataloging Unit 03030004. The permitttee must make full payment to the NC EEP and provide a copy ofthe payment documentation to the Corps by September 10, 2007. The NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 2. All unauthorized activities located within Overhills Creek subdivision must be resolved by October 15, 2007. The unauthorized activities must be resolved as follows: · Restoration of 0.076 acres of wetlands located at Lot 1, Section 4, Part 4 of Overhills Creek Subdivision. All of the fill and the draining mechanism (French drain) must be removed from the wetland (delineation attached) in a fashion to restore the wetland to its natural, pre-construction grade. Upon removal of the fill, the wetlands must be seeded with a wetland seed mix (stabilization mix) at a rate of 15 Ibs per acre. · Restoration of 0.031 acres of wetlands located along a utility line located just north of lot 505 and west of Caldwell Street. The wetlands within this utility line corridor must be returned to natural, pre-construction grade. Impacts to wetlands associated with the utility line did not require notification to our office. However, the activity must comply with NWP 12 conditions. · Restoration of approximately 0.02 acres of wetlands located south of the cul-de-sac of Yancey Court. The sediment basin must be removed in its entirety and the wetland must be restored to its natural, pre-construction grade. The wetlands must be seeded with a wetland seed mix (stabilization mix) at a rate of 15 Ibs per acre. · The sediment basin/check dam located at the outflow of the culvert, under Pender Road at impact number 1 must be removed or reduced so that it acts as au energy dissipation device rather than a sediment trap. These remedial actions compliment the General Restoration Plan that was submitted on August 8, 2007. The wetland restoration must be completed in accordance with the above directive and the "General Restoration Plan" (attached) by October 15,2007. Corp Regulatory Official Ronnie Smith~ Date: August 9,2007 Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 19,2007 DWQ Project # 07-0791 Harnett County Mr. Billy Wellons, Jr, P,O. Box 766 Spring Lake, NC 28390 Subject Property: Overhills Creek Subdivision, Section 7, Part 1- AFTER-THE-FACT Ut to Lake Holton [030614, 18-23-30, C] Approval of 401 Water Quality Certification and Isolated Wetland General Permit with Additional Conditions - REVISED Dear Mr, Wellons: You have our After- The-Fact approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0,154 acres of 404/wetland, as described in your After- The-Fact revised application dated December 14,2007, and received by the Division of Water Quality (DWQ) on December 18, 2007, to construct the proposed residential development. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3627 (GC3627). The Certification(s) allows you to use Nationwide Permit(s) NW14 when issued by the US Army Corps of Engineers (USACE), Also, we have determined that this Isolated Wetland fill (0.0.49 acres ofIsolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). 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, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to condnct impacts to waters as depicted in your application shall expire upon expiration ofthe 404 or CAMA Permit, and the authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall expire upon expiration of IWGPI00000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality, 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. The Additional Conditions of the Certification are: I. 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: N~/th Carolina .Nt/tuft///II 401 OversightlExpress Review Pennitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 I Internet: htto:l/h2o,enr,state,nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/IO% Post Consumer Paper Mr. Billy Wellons, Jr. Page 2 of3 December 19,2007 Plan Location or Reference peN a e40f9 PCN a e40f9 2. 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 Pre-Construction Notification. 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, 3. 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 Catalina 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, 4. Sediment and Erosion Control Measures 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; 5. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional streams and buffers in order to assure compliance for future wetland, water and buffer impact. 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 401/Wetlands Unit web site at http://h2o,enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 6, 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 to ensure compliance GC3627; Mr. Billy Wellons, Ir, Page3of3 December 19, 2007 7. 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 Oversight/Express Review Permitting 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 or CAMA Permit. If you do not accept any ofthe conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing, You must act within 60 days of the date that you receive this letter, To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing, Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 ofG.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Isolated Wetland Rules (IWP100000), If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. ~ellVtit Coleen H. Sullins CHS/ijm if Enclosures: GC3627 IWGP100000 Certificate of Completion cc: Ken Averitte, DWQ Fayetteville Regional Office Chad Turlington, DWQ Fayetteville Regional Office Shelton Sullivan, DWQ Compliance and Enforcement Ronnie Smith, USACE Wilmington Regulatory Field Office File Copy Central Files Jason E. Godwin, Fuss & O'Neill, Inc., 610 Lynndale Court, Suite E, Greenville, NC 27858 Filename: 070791 OverhillsCreekSDSection7Partl (Hamett)40 I_IW _Revised ~~ I?F.Nlsvstem t .l~,maIice1nen.1. PROGRAM RECEIPT February 7, 2008 Billy Wellons PO Box 766 Spring Lake. NC 28390 Project: County: DWQ it: USACE Action 10: EEP No.: Amount Paid: Check Number: OverbiDs Creek SD Section 7 Harnett 07.0791 2005-454 n.F -2007-5488 $3,669.00 1377 The North Carolina ECosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404ICAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEBP is responsible for the compensatory mitigation requirements associated with the project pennit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum ofUndersranding between the NC Department of Environment,and Natural Resources and the US AImy Corps of Engineers dated November 4,1998. as indicated below. River Basin Stream Credits Wetland Credits Buffer I & II CU (linear feet) (acres) .(Sq. Ft) Cold Cool Warm Rioarian Non-Rinarian Coastal Marsh Cape Fear 0 0 0 0 0.246 s> 0 03030004 . Please note that a payment made to the Ecosystem Enhancement Program is !!!!! reimbursable unless a request for reimbursement is received within 12 months of the date of the receipL Any such request must also be accompani~ by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, cc: '~ iIliam D. , Director Cyndi Karoly, NCDWQ Wetlands/401 Unit Ronnie Smith, USACE -Wilmington; Thelma Hemmingway, USACE Wilmington Jason Godwin, agent File l<.MtOY~.... E~... Prot:e.ctinj Our StaJ;e, .. North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-165~./919-715-04761 www.nceep.nel 03-31-' 08 1~:4~ J:iHUM-\JJELLUN~ HtALTY :I1~q6tlUq.::: Rllll'III' LVYU 11'II/tllll LIW\.d1 1.11\:11111.1.11111 rl"\ !-O~D .~~/~~ u-~~~ IIV '\/IIVI/ I' oJ Certification of Com--.pletion DWQ Project No.~ C< 7- 079/ County; tieL r /J t! t I- Applica.nt #~L_q;/~fA."""- ~ Wet.J.oN~ ~,e Project Name~ t:Vcf;t<:'Hu$. ~IC- t$/,(81?IVt>~D^, Date of ISsuance of C~fication or Authorization: Pe~." !if- Zoo? Certificate of Completion ~- lJpon completion ,;,f aU work approved within the 401 Water 'Q~aJity CertificatiOb and Bu1Yer Rules, and ~ subsequent modifications, the appUclDt is required to rc:tum this c:ertifi'?'lte to the 401 Oversight/Express Permittin.g UDi~ North Carolina Division of Water Quality, 1650 Mail Service Center, Ra.lc:igh, NCs 27699-1650. this torm ~ay be returned to DWQ by the applicant, the applieant's authori.zed agen~ 01' the proje;t engineer. It is not necess8I)' to send cmifica1es from aU of these. Applicant's Certification * 1,JJ!JJha.m g. u!~/~A~" J (' . hereby State that, to the best of my abilities, due ,care and diligenco was wed in the cbsenration of the construotion such that the construction was observed to be built withiD substantial compliance and intent of the 401 Water Quality Certificarlon and Burrer Rules-, the approved pJans and sPecifications. and otller supporting materials. _.J *" Signature: td"'-=-....f2t1/ dLf .- Date: ,.$ -: .31-0 fj' Agent's C~rtiflC.aJion I, _ .. ---.J hereby state that, to the best of my abilities, clue care and diligence was used in the observation of the consU'Uation SUc:Jl 1h.at the construction was observed. to be built within au bstantial compliance and h:u.ent of the 401 Water Quality CertifieatioD aDd Baffer Rules, the approved plans and s~ification8, and O1her supporting materials. Signature: Date~ q this project was designed by II Certifie.d Professional \~ "'" 1. " . as a duly registered Professional (i.e., Engineer, ~dscape Architect. Surveyor, etc.) in ttle State of North C.aroliDa. having been authnrized to observe (periodically,'. weekly, fulJ time) the constroction of the project, for the Permittee hereby state that, to the best of my abilities, due ~ and diligence was used in the observation of t.b.= construction such that the C011lli'trUction was observed. to be built witliin subnantiaJ com.pliance arid intent ot the 401 Water Quality CertificatioD and 'BhCCer Rwes, the approved plans and ~ifjcation$, and other iupporting materials. .. Signature: Registra.tion No. .Pa.te 03-31-'08 12:42 FHUI'1-\lIELLUN~ HEALTY ~1l!lq6baqZ I'll tt I ." I' L V U II I I . \J I M IVI L n v '" II \. I~ \;I I I' L. L. 1\1,/, r 1'\ I-OlD ~~l/~j U-~jj 11\1 . \/\1\/11 I' I. Acdol1 ID Number: 2005-454 County: Harnett Permittee: pRe EnterDrise$l.Mf. William Wenons Date Permit Juued: Aueust 9~ 2007 Project Manager: Ronnie Smith UPl>D completion of the activity authorized by this pennit and auy mitigation required by the permit, sign this certification aad return it to the foUowing address ~ US ARMY CORPS OF ENGINEERS wn.MlNGTONDISTRICT WILMINGTON REGtll.ATORY FIELD OFFICE POST OFFICE BOX: 1890 WILMINGTON, NORm CAROLINA 28402.1890 Please Dote that ypur permitted activity is nbject to a compllauce inspection by a U. S. Army Corps of Engineen representative. If you fail to comply with this permit you are subject to permit suspension. moclificatioD, or revoeatiou.. I hereby certJfy that the work authorized by the above referenCed pennit has beeR tompleted in aeeordance wiih the terms and condition of the said permit, and required midgadon waS, completed in a~&:ordaoce with the permit cOD:ditiODS. of J1/d4PJY~ ' Sjpato:re ofPerl1littee -- .J-.JJ-()/ Date