HomeMy WebLinkAbout20070332 Ver 1_Approval Letter_20070316O~O~ W A T ~RQG
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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