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HomeMy WebLinkAbout20070332 Ver 1_Approval Letter_20070316O~O~ W A T ~RQG ~ r ~ ~ _ a. _.... ~-f Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 16, 2007 Debby Crayton, Inc. c/o Debby Crayton PO Box 14046 New Bern, NC 28561 Subject Property DWQ Project # 20070322 Onslow County Brookstone Pointe & Lands End at Brookstone Subdivisions Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Crayton: You have our approval, in accordance with the attached conditions and those listed below, to place fill within 0.13 acres of wetlands and 171 linear feet of streams for the purpose of constructing residential subdivisions at the subject property, as described within your application dated January 2, 2007 and received by the N.C. Division of Water Quality (DWQ) on February 22, 2007. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number 3402 (GC3402). This Certification can also be found on line at: http://h2o.enr.state.nc.us%ncwetlands/certs.html. The Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USAGE). 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 LAMA 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 A roved Units) Plan Location or Reference Stream 168 feet Sheet 3 of 6 and sheet 4 of 6 404 Wetlands/Permanent 0.13 (acres) Sheet 3 of 6 and sheet 4 of 6 Coastal wetlands N/A (acres) Buffers N/A (s uare ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Seruicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: +v+v+v.ncwatcrgualitY or;; NorthCaro/l/ina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~atura[[~ Page Two Debby Crayton, Inc. c/o Debby Crayton DWQ Project # 070322 March 16, 2007 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices 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 w/n 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 http://h2o.enr.state.nc.us/su/Forms Documents.htnr. Page Three Debby Crayton, Inc. c/o Debby Crayton DWQ Project # 070322 March 16, 2007 6. 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 approved 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. 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/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. 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215. Sincerely,/ s~ ~ Alan W. Klimek, P.E. Enclosures: GC 3402 Certificate of Completion cc: MJ Klinker -Parker and Associates. Ian McMillian - 401 Oversight/Express Review Permitting Unit Brad Shaver - USACE Wilmington Regulatory Field Office Stephen Rynas - DCM Morehead City Central Files WiRO