20110825 Ver 1_Approval Letter_20111007

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
T 1
Blue Treasure, LLC 94?'
Attn: Karl Blackley At
100 Weston Estates Way ,
Cary, NC 27513
)berJOL 2
VAN-
Toject # 01 0825
W-
County
A A ` r"' E R M I
Subject Property: Beaufort East Village Subdivision Phase 1A, Beaufort
Approval of 401 Water Quality. Certification and
Isolated Wetlands Certification (IWGP 100000) with Additional Conditions
Dear Mr. Blackley:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
0.467 acres of jurisdictional wetlands, temporarily impact 0.046 acres of jurisdictional wetlands and permanently
impact 0.409 acres and temporarily impact 0.0205 acres of isolated wetlands for the development of a
subdivision and infrastructure, as described within your CAMA application dated August 25, 2011 and received
by the Wilmington Regional office (WiRO) on August 29, 2011 and additional information received on
September 20, 2011, October 5, 2011 and October 7, 2011. After reviewing your application, it has been
determined that the impacts are covered by General Water Quality Certification Number 3821 (GC3821) and the
General Permit for Impacts to Isolated Wetlands and Other Non jurisdictional Wetlands and Waters (IWGP
100000). These Certifications allow you to use Nationwide Permit 29 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 Permit.
This approval is for the purpose and design that you described in your application. The approved plans and
specifications for this project are incorporated by reference and are an enforceable part of the permit. 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
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwoterquality.orq
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Naturji4
Customer Service 1-877-623-6748
Page Two
Blue Treasure, LLC
Attn: Karl Blackley
DWQ # 11 0825
October 10, 2011
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
Jurisdictional Wetlands
11 Permanent 0.029 acres Sheet 1 and 2 of 10 (attached)
12 Permanent 0.060 acres Sheet 3 of 10 (attached)
13 Permanent 0.109 acres Sheet 3 of 10 (attached)
14 Permanent 0.056 acres Sheet 3 of 10 (attached)
18 Permanent 0.066 acres Sheet 5 of 10 (attached)
19 Temporary 0.003 acres Sheet 5 of 10 (attached)
I10 Permanent 0.012 acres Sheet 5 of 10 (attached)
II I Permanent 0.013 acres Sheet 5 of 10 (attached)
112 Temporary 0.015 acres Sheet 5 of 10 (attached)
119 Permanent 0.020 acres Sheet 7 of 10 (attached)
120 Temporary 0.003 acres Sheet 7of 10 (attached)
121 Permanent 0.092 acres Sheet 7 of 10 (attached)
122 Temporary 0.010 acres Sheet 7 of 10 (attached)
123 Temporary 0.007 acres Sheet 7 of 10 (attached)
124 Permanent 0.010 acres Sheet 8 of 10 (attached)
125 Temporary 0.008 acres Sheet 8 of 10 (attached)
Isolated Wetlands
15 Permanent 0.29 acres Sheet 4 of 10 (attached)
16 Permanent 0.24 acres Sheet 4 of 10 (attached)
17 Permanent 0.049 acres Sheet 4 of 10 (attached)
113 Permanent 0.122 acres Sheet 6 of 10 (attached)
114 Temporary 0.020 acres Sheet 6 of 10 (attached)
115 Temporary 0.0005 acres Sheet 6 of 10 (attached)
116 Permanent 0.022 acres Sheet 6 of 10 (attached)
117 Permanent 0.130 acres Sheet 6 and 10 of 10 (attached)
118 Permanent 0.033 acres Sheet 6 of 10 (attached)
Stream
Open Water N/A
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.
Page Three
Blue Treasure, LLC
Attn: Karl Blackley
DWQ # 11 0825
October 10, 2011
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. Protective Fencing
The outside wetland or water boundary and within 50 feet of all construction and land clearing activity
shall be clearly marked with orange warning fencing or similar high visibility material for the subdivision.
This is to be done prior to any land disturbance for the areas that have been approved to infringe within
the wetland or waters;
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original /stream wetland
profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. 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.
Page Four
Blue Treasure, LLC
Attn: Karl Blackley
DWQ # 11 0825
October 10, 2011
7. Construction Stormwater Permit NCG010000
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.
"Re-opener" Clause
Blue Treasure, LLC and its authorized agents shall conduct its 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. Blue Treasure,
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 E Blue Treasure, 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 Blue Treasure, LLC in writing, and 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.
9. Deed Notifications
A recorded copy of the deed notifications and the associated wetland 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 within 15 days of lots having been platted and recorded.
10. Determination of Impacts
At the completion of the project, the DWQ may require a determination of the area impacted which is to
encompass the location and acreage of the impacts (it can be shown on an aerial or done as a survey).
This is to be included with the Certification of Completion and sent to the Wilmington Regional Office
(address on the letterhead page) and to Raleigh (address below).
Page Five
Blue Treasure, LLC
Attn: Karl Blackley
DWQ # 11 0825
October 1.0, 2011
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 wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters
impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty
(30) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
671.4 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This certification and its conditions are final and binding unless you ask for a hearing.
Page Six
Blue Treasure, LLC
Attn: Karl Blackley
DWQ # 11 0825
October 10, 2011
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 919.807.6364 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Colee Sullins, Director
Division of Water Quality
F
Enclosures: GC 3821
IWGP 100000
Certificate of Completion
cc: Troy Beasley - Withers and Ravenel
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead City
Heather Styron - DCM Morehead City
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