HomeMy WebLinkAbout20160783 Ver 3_Approval Letter_20190626NORTH CAROLINA
ROY COOPER Environmental quality
covrmn
MICHAEL S. REGAN
S""Iary
LINDA CULPEPPER June 26, 2019
interim Direrfor
DWR # 16-0783 v3
Onslow County
Bailey and Fuller Properties, LLC
Attn: Mr. Chris Bailey
405D Western Blvd
Jacksonville, NC 28546
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Bailey Center (formerly Swainsboro Park)
USACE Action ID. No. SAW -2008-02698
Dear Mr. Bailey:
Attached hereto is a copy of Certification No. 4083 issued to Chris Bailey and Bailey & Fuller
Properties, LLC, dated January 5, 2018. This Certification replaces the Certification issued to
you on January 5, 2018. This modification was requested to accommodate a revised site plan
which incorporates a new multi-purpose building on the western end of the developed
property. Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
D Q�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Bailey Center (Swansboro park)
DWR Project #2017-0938v3
Individual Certification # WQC004083
Page 2 of 7
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.gov
or me at 919-807-6360 or karen.higgins@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Dana Lutheran —SEGi (via dlutheran@segi.us)
Rachel Capito, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA (via bowers.todd@epa.gov)
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 160783v2BaileyCenter(Onslow)_401_IC_Modification.docx
Bailey Center (Swansboro park)
DWR Project #2017-0938v3
Individual Certification # WQC004083
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4083 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Mr. Chris Bailey and Bailey & Fuller properties, LLC, who
have authorization for the impacts listed below, as described within your application received by
the N.C. Division of Water Resources (Division) on August 9, 2016 and subsequent information on
October 24, 2016 and December 9, 2016, by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on August 12, 2016, modification request dated
November 16, 2017 and received by the Division on November 22, 2017, and additional
modification request dated April 16, 2019 and received by the Division on May 14, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental or temporary
impacts. [15A NCAC 02B .0506(b) & (c) and 15A NCAC 02B .0506(h)(8)]
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan Location or
Reference
404/401 Wetlands
Impact A — Fill (Approved
01/05/2018, Constructed)
0.69 Acres
0.0 Acres
Plan Sheet C-1
(attached)
Impact B - Fill
0.23 Acres
0.0 Acres
Exhibit 1(attached)
TOTAL IMPACTS
0.92 Acres
0.0 Acres
Bailey Center (Swansboro park)
DWR Project #2017-09380
Individual Certification # WQC004083
Page 4 of 7
2. Stormwater Management Plan
The stormwater management plan (SMP) required by the Division of Energy, Mining and Land
Resources (DEMLR) satisfies the requirements of this Certification. You must have DEMLR's
approval of the plan before any impacts authorized in this Certification occur. The project
must be constructed and maintained in compliance with the approved SMP. The SMP may
not be modified without prior written authorization from DEMLR. [15A NCAC 02H
.0506(b)(5)]
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .05021
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
5. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
Bailey Center (Swansboro park)
DWR Project #2017-0938v3
Individual Certification # WQC004083
Page 5 of 7
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. For SA, HQW waters. The sediment and erosion control designs must comply with
the requirements set forth in 15A NCAC 04B.0124 Design Standards in Sensitive
Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .02001
9. Construction Plans
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H.0502 (b) and 15A NCAC 02H .0506 (4)]
Bailey Center (Swansboro park)
D W R Project #2017-0938v3
Individual Certification # WQC004083
Page 6 of 7
10. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506
(b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)]
11. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7306 and after hours and on weekends call (800) 858-0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f),
and GS 143 Article 21A]
12. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries 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 &Buffer Permitting Branch
website at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms. The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H.0501 and .05021
13. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
14. Continuing Compliance
Mr. Chris Bailey and Bailey & Fuller Properties, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Mr. Chris Bailey and Bailey & Fuller Properties, LLC and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or
revised conditions shall be provided to Mr. Chris Bailey and Bailey & Fuller Properties, LLC in
writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project. [15A NCAC 02B .0200]
Bailey Center (Swansboro park)
DWR Project #2017-0938v3
Individual Certification # WQC004083
Page 7 of 7
15. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
17. This certification grants permission to the Director, or an authorized representative of the
Director, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 26t1i day of January 2019
�aren Higgins, Supervisor
401 & Buffer Permitting Branch
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