20090440 Ver 1_Approval Letter_20091012

RCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 12, 2009
DWQ Project # 09 0440
Onslow County
Hampstead Rentals, LLC
Attn: William Jones
PO Box 994
Hampstead, NC 28443
Subject Property: The Villas at Jackson Court, Maple Hill
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
0.32 acres of jurisdictional wetlands for the purpose of a road crossing to access the property, as described within
your application dated April 10, 2009 and received by the Wilmington Regional office on April 21, 2009 and
additional information received on October 7, 2009. After reviewing your application, it has been determined that
the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s)
allows you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands 0.32 acres Wetlands Impact W1 and SE 1
(attached)
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Natumlly
Customer Service 1-877-623-6748
Page Two
Hampstead Rentals, LLC
Attn: William Jones
DWQ # 09-0440219
October 12, 2009
2. Sedimentation 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 in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 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.
4. No Sediment & Erosion Control Measures within Wetlands or Waters
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. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions including
the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required.
A copy of this permit and monitoring report forms may be found at
hyp:11h2o.enr.state.nc.us/su/Forms_Documents.htm. If there are any questions about this permit, please
do not hesitate to call the Wilmington Regional Office at 910.796.7215 and ask for someone in NPDES
Permitting.
Page Three
Hampstead Rentals, LLC
Attn: William Jones
DWQ # 09-0440219
October 12, 2009
6. Deed Notifications and/or Restrictions
A recorded copy of the deed notifications/restrictive covenants or easements and the associated
preservation map approved by the US Army Corps of Engineers Wilmington Regulatory Office must be
submitted to this Office and to the 401 Oversight and Express Unit in Raleigh prior to the impacts to
wetlands and the stream approved by this Certification can take place.
These mechanisms shall be put in place at the time lots or properties are recorded.
Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands present as
depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The
wetland boundary identification (flagging, fencing, etc.) must be maintained on each lot until the lot is
sold.
8. As-Builts
The DWQ reserves the prerogative to request an as-built to determine the exact amount of the wetlands
impacted.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the
404 or CAMA Permit.
If you do not accept any of the 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.
Page Four
Hampstead Rentals, LLC
Attn: William Jones
DWQ # 09-0440219
October 12, 2009
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.733.1786 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3704
Certificate of Completion
cc: Tom Gulley - Needham Environmental, Inc.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
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5511 Capital Center Drive - Suite 540
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TIE VLLAS AT JACKSON COURT
3630-01
WETLANDS WACT
LOCATION:
NC HIGHWAY 59
MAPLE HILL. NC
DATE: 8PT IL 2000 SHEET:
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