20110953 Ver 1_No Written Concurrence_20111028

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Raintree Development Corporation
Attn: Jack G. Stocks
211 N 5th Street
Wilmington, NC 28401-4082
Division of Water Quality
Coleen H. Sullins
Director
October 28, 2011
Dee Freeman
Secretary
Onslow County
DWQ Project #: 11 -0953
Subject Property: Old Dock Plantation Subdivision, Holly Ridge
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Stocks:
You have our approval, in accordance with the attached conditions; to permanently impact 0.0863 acres
and temporarily impact 0.0135 acres of jurisdictional wetlands and permanently impact 36 linear feet
and temporarily impact 10 linear feet of stream as described in your application dated October 19, 2011
and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on October
24, 2011. After reviewing your application, we have decided this fill is below the threshold for written
authorization as long as all conditions of General Water Quality Certification Number 3821 (GC 3821)
are met. This Certification allows you to use the Nationwide 29 Permit when issued by the US Army
Corps of Engineers.
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. 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 wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as
otherwise provided in the General Certification. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
I) Deed notifications/restrictive covenants or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers as depicted in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall be put in place when the lots are
recorded. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project. The USACE's Restrictive Covenant language can be found on their
web site at: h!tp://www. saw. usace. army. mil/wetlands/Mitigation/preservation html.
Wilmington Regional Office One
127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina
Phone: [phone] /FAX: [phone] ?aturallr?
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
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Page Two
Raintree Development Corporation
Attn: Jack G. Stocks
DWQ Project #: 11 0953
October 28, 2011
A recorded copy of the deed notifications/restrictive covenants must be submitted to this Office
and to the 401 Oversight and Express Unit in Raleigh within 30 days of lot recordation.
2) No Sediment and Erosion Control Measures in Wetlands - 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 or
locally delegated program has released the project.
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) Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing
(or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This
shall be done during the initial stage of construction.
5) 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.
6) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions and the General Certifications are made conditions of the Federal 404 and/or Coastal Area
Management Act Permit.
Page Three
Raintree Development Corporation
Attn: Jack G. Stocks
DWQ Project #: 11 0953
October 28, 2011
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
6714 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.
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 at 919.807.6364 or Joanne Steenhuis at
our Wilmington Regional Office at 910.796.7215.
Attachment
Enclosures GC 3821
Certification of Completion
cc: Ellen Cornette -ARM
Ian McMillan - DWQ 401 Oversight Unit
David Bailey - USACE Wilmington
Stephen Rynas - DCM Morehead
W iRO
Sincerely,
anne Steenhuis
enior Environmental Specialist
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