HomeMy WebLinkAbout20120076 Ver 1_Approval Letter_20120423s�
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
April 23 2012
DWQ Project # 12 0076
Richmond County
Pruitt Properties Inc
Nick Williams
1626 Jeurgens Court
Norcross GA 30093
Subject Property Umhealth Post Acute Care
UT to Hinson Lake [ 13 39 12 (10) C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Williams
You have our approval in accordance with the attached conditions and those listed below to place fill
within or otherwise permanently impact 0 07 acres of open water Ourisdictional ditch) for the purpose of
the construction of the proposed Unihealth Post Acute Care facility as described within your application
dated January 27 2012 and received by the N C Division of Water Quality (DWQ) on January 27 2012
and the additional information received by DWQ on March 21 2012 After reviewing your application
we have decided that the impacts are covered by General Water Quality Certification Number(s) 3821
(GC3821) The Certification(s) allows you to use Nationwide Permit(s) NW 39 when issued by the US
Army Corps of Engineers (USACE) 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 other 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 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
225 Green St Ste 714
Fayetteville North Carolina 28301
Phone 910 -033 33001 FAX 910486 -07071 Customer Service 1 877 623 -6748 NorthCaro /l`lna
Internet www ncwaterpuallty org �gtura[`�
An Equal Opportunity 1 Affirmahve Action Employer
Pruitt Properties
Page 2 of 4
April 23 2012
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
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 in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without prior
approval by the Division If placement of sediment and erosion control devices in wetlands and
waters is unavoidable design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks
adjacent to or upstream and down stream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project
5 Stormwater Management Plan (SMP) Approval by DWQ
The SMP approved by this office consists of one bioretention cell and all associated stormwater
conveyances detention structure and the grading and drainage patterns depicted on plan sheets
dated January 23 2012 and March 1 2012 No changes to the two stormwater wetlands shall be
made without written authorization from the DWQ The two stormwater wetlands shall have
Amount Approved (Units)
or Reference
Open Water
(Jurisdictional Ditch)
0 07 (acres)
tlaNnLocation
page 6 of 13
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 in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without prior
approval by the Division If placement of sediment and erosion control devices in wetlands and
waters is unavoidable design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks
adjacent to or upstream and down stream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project
5 Stormwater Management Plan (SMP) Approval by DWQ
The SMP approved by this office consists of one bioretention cell and all associated stormwater
conveyances detention structure and the grading and drainage patterns depicted on plan sheets
dated January 23 2012 and March 1 2012 No changes to the two stormwater wetlands shall be
made without written authorization from the DWQ The two stormwater wetlands shall have
Pruitt Properties
Page 3 of 4
April 23 2012
maintenance access and at least a 10 foot drainage easement on each side to allow for the ability
to maintain the structures and to perform corrective actions The stormwater easements shall be
recorded to provide protection of the structures from potential alterations by future property
owners
The approved SMP must be maintained in perpetuity in accordance with btoretentton cell operation
and maintenance (O & M) agreement signed by Mr Nick Williams (Senior Vice President
Development) on February 27 2012 The O & M agreement must transfer with the sale of the
property or transfer of ownership /responsibility for the BMP facilities DWQ must be notified
promptly of every transfer After the project is completed the owner shall submit a Certificate of
Completion Form to the DWQ Webscape Unit at 1650 Mail Service Center Raleigh NC 27699
1650 The Certification of Completion Form may be found at
Imp / /portal ncdenr or,-,/NN eb /wq /svN p/,,-,,,/40 I /c ertsandpet mits /apph /forms
6 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 DWQ WEBSCAPE Unit at 1650 Mail Service Center Raleigh
North Carolina 27699 1650
Protective Fencing
The outside buffer wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer wetland or water prior to any land disturbing activities to ensure compliance
with 15 NCAC 2H Section 0500
Violations of any condition herein set forth may result to 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 to 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 Chad Turlington to the DWQ Fayetteville Regional
Office at 910 433 3320
Sincerely
4g,n� 1 /4�
Charles Waktld
Director
Pruitt Properties
Page 4 of 4
April 23 2012
Enclosures GC 3821
Certificate of Completion
cc Wetlands Buffers and Stormwater Compliance and Permitting Unit_
Christy Wicker USACE
Nicole Thompson Soil &Environmental Consultants P A (via email)
DLR Fayetteville Regional Office
File Copy