HomeMy WebLinkAbout20190928 Ver 2_Approval Letter_20200417ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 17, 2020
DWR# 20190928v2
Pender County
Terraces Development, LLC
Attn: Mr. Charles Poindexter
7923 Reunion Road
Wilmington, NC 28411
Subject: Approval of Individual 401 Water Quality Certification
The Terraces Subdivision
USACE Action ID# SAW-2014-01693
Dear Mr. Poindexter:
Attached hereto is a copy of Certification No. WQC004225 issued to Mr. Charles Poindexter and
Terraces Development, LLC dated April 17, 2020. 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).
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):
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
vOry rN Cx:40:.itiA �
u.p.—I. E..w..�..�.�a.:r� /� 919.707.9000
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. Please contact Paul Wojoski at 919-707-3631 or
Paul.Woioski@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSignn�e)d by:
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Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Dana Lutheran, Southern Environmental Group, Inc.
Todd Bowers, USEPA Region 4
Emily Greer, USACE Raleigh Regulatory Field Office (via email)
Daniel Govoni, DCM
DWR WiRO
DWR 401 & Buffer Permitting Unit
Filename: 20190928v2TheTerracesSubdivision(Pender)_401_IC
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004225 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. Charles Poindexter and Terraces
Development, 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 October 30, 2019 and
subsequent information on February 25, 2020 and by Public Notice issued by the U. S. Army
Corps of Engineers and received by the Division on November 7, 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 other specific and
general conditions of the Certification and Buffer Rule are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and (c)] and 15A NCAC
02B .0259(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact L - Sewer Line Crossing
0 (linear feet)
10 (linear feet)
Total
0 (linear feet)
10 (linear feet)
404/401 Wetlands
Impact A — Culverted Road
and Sewer Line Crossing
0.119 (acres)
0.024 (acres)
Impact B — Culverted Road
and Driveway Crossing
0.209 (acres)
0.012 (acres)
Impact C — Road Crossing
0.072 (acres)
0.0 (acres)
Impact D — Culverted Road
Crossing
0.067 (acres)
0.0 (acres)
Impact E — Culverted Road
Crossing
0.097 (acres)
0.005 (acres)
Impact F — Culverted Road
Crossing
0.049 (acres)
0.004 (acres)
Impact G — Road Crossing
0.0001 (acres)
0.0 (acres)
Impact H — Culverted
Driveway Crossing
0.031 (acres)
0.0 (acres)
Impact I — Culverted Road
Crossing
0.025 (acres)
0.0 (acres)
Amount Approved
Amount Approved
Type of Impact
(units)
(units)
Permanent
Temporary
Impact J — Road Crossing
0.004 (acres)
0.0 (acres)
Impact K — Culverted Crossing
0.029 (acres)
0.0 (acres)
Impact L —Sewer Line
0.0 (acres)
0.049 (acres)
Crossing
Impact M — Culverted
0.012 (acres)
0.0 (acres)
Driveway Crossing
Impact N —Water Line
0.0 (acres)
0.014 (acres)
Crossing
Total
0.713 (acres)
0.104 (acres)
2. 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. Any modifications to the project, including
the US Army Corps of Engineers' selection of a least environmentally damaging practical
alternative other than the preferred alternative, require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands within the project boundaries in order to assure compliance with NC
Wetland Rules (15A NCAC 02H .0500) and/or State Isolated Wetland Rules (15A NCAC
02H .0200). These mechanisms shall be put in place at the time of recording of the property
or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4)] and (c)(4)]
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H .0501 and .05021
5. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
6. For portions of the project that are exempt from G.S. Chapter 113A Article 4 (Sediment and
Pollution Control Act of 1973), those portions shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur. [15A NCAC 02H .0506 (b)(3) and (c)(3) and
15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
7. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
9. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the 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. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as to
pass the average historical low flow and spring flow without adversely altering flow velocity.
[15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC
02B .0200 and 15A NCAC 02B .0231]
13. If concrete is used during 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. [15A
NCAC 02B .0200]
14. No temporary impacts are allowed beyond those included in this Certification. All temporary
fill and culverts shall be removed and the impacted area shall be returned to natural
conditions within 60 calendar days after the temporary impact is no longer necessary. The
impacted areas shall be restored to original grade, including each stream's original cross
sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC
02H .0506(b)(2) and (c)(2)]
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations.
18. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211 (12)]
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
20. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum
spill less than 25 gallons that cannot be cleaned up within 24 hours.
21. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours
and on weekends call 800-858-0368) any noncompliance with this certification, any violation
of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis
22. Mr. Charles Poindexter and Terraces Development, 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. [15A NCAC 02B .0200] 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. Charles Poindexter and
Terraces Development, 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 Mr.
Charles Poindexter and Terraces Development, 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.
23. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Terraces Residential
Development may be considered cumulative to impacts approved in this Certification and
may require a modification of this 401 Water Quality Certification approval. [15A NCAC
02H .0506(4) and 15A NCAC 02H .0501 and .0502]
24. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC
02H .0502(f)]
25. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .05021
26. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
27. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
28. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
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]
This the 17th day of April 2020
DocuSignn�e/d by:
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949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
IV-11Ml
WQC004225