20031201 Ver 3_Approval Letter_20100215

AM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
DWQ Project # 03 1201 V3
Pender County
Burgaw Development Group, LLC
Attn: Ed Scott
PO Box 871
Burgaw, NC 28425
Subject Property: Coastal Carolina Country Club, Burgaw
Permit Modification of 401 Water Quality Certification
with Additional Conditions
Dear Mr. Scott:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact an additional 15 linear feet of perennial stream for a total of 35 linear feet of
perennial stream impacts and 0.029 acres of wetlands for the purpose of accessing the 14th and 15th
fairways, as described within your application dated August 13, 2009 and received by the
Wilmington Regional office (WiRO) on August 18, 2009 and appropriate fees on December 21,
2009. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number 3705 (GC3705). The Certifications allow you to use
Nationwide Permit 39 modification when issued by the US Army Corps of Engineers
(USACE) provided that you can meet all of the conditions of the certification. This
modification does not preclude the conditions of the 401 Certification issued on December 4, 2007.
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. Additional
wetland impacts that may cause the impacts to exceed the 0.5 acre threshold will be required to be
submitted as an Individual Permit 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 on the following pages.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 N?oA?/)rthCarohna
Phone: [phone] / FAX: [phone] f1/N/f??f/
Internet: www.ncwateraualitv.ora /?
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
Page Two
Burgaw Development Group, LLC
Attn: Ed Scott
DWQ # 03 1201 V3
February 15, 2010
The Additional Conditions of the Certification are:
1. Total 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
Jurisdictional Wetlands
Previously Approved 0.029 acres See previous 401 issued 12/4/07
Stream Impacts
Permanent
Previously Approved 201f perennial stream
Additional impacts 15 if perennial stream See attached drawing Impact area 3
Total impacts 35 if perennial stream
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.
'Page Three
Burgaw Development Group, LLC
Attn: Ed Scott
DWQ # 03 1201 V3
February 15, 2010
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. htm .
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the downstream and
upstream profiles are not altered. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes installed
in a perched manner, the pipes shall be removed and re-installed correctly.
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0211(k). Appropriate sediment and erosion control practices must be
used to meet this standard.
8. Deed Notifications and/or Restrictions
A recorded copy of Deed notifications as required by the State or a recorded copy of the
restrictive covenants or easements required by the US Army Corps of Engineers 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. These mechanisms shall be put in place prior to the implementation of this permit.
Page Four
Burgaw Development Group, LLC
Attn: Ed Scott
DWQ # 03 1201 V3
February 15, 2010
9. "Re-opener" Clause
Burgaw Development Group, LLC, shall conduct 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 law and federal
law. Burgaw Development Group, LLC shall require its contractors (and/or agents) to comply
with all of the terms of this Certification, and shall provide each of its contractors (and/or agents)
a copy of this Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ 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,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the certification, DWQ shall notify Burgaw Development Group, LLC and the
US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new
or revised conditions shall be provided to Burgaw Development Group, LLC in writing, shall be
provided to the United States 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.
10. As-Builts
As-builts for the permitted wetland and stream impacts may be required to assure that the project
is in compliance with this certification.
11. 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 Five
Burgaw Development Group, LLC
Attn: Ed Scott
DWQ # 03 1201 V3
February 15, 2010
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
Enclosures: GC 3705
Certificate of Completion
cc: Dana Lutheran - SEGI
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Ronnie Smith - USACE Wilmington Regulatory Field Office
WiRO
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MAP FOR
B URGA V V CREEK PLANTATION
(PLANNED UNIT GOLF DEVELOPMENT)
E)URGAW TOWNSHIP PENOER COUNTY NORTH CAROLINA
OWNER / DEVELOPER: BURGAW DEVELOPMENT GROUP
AREA 3 (IMPACT)
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SCALE IN FEET
1 INCH = 50 FEET
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS & LAND PLANNERS
319 WALNUT STREET
WILMINGTON, N.C. 28401
PHONE: [phone]
FAX: [phone]
JOB #729-31MPACT.DWG JJ