HomeMy WebLinkAbout20100885 Ver 2_Approval Letter_20120413kF%':i;a
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North Carolina Depari[ment of Environment and Natural Resources
Beverly Eaves Perdue
Governor
TLAEC LLC
Attn John Holtz
3124 Lantern Way
Wilmington NC 28409
Division of Water Quality
Charles Wakild P E
Director
April 13 2012
Dee Freeman
Secretary
DWQ Project # 10 0885 V2
Onslow County
Subject Property The Landing at Everett's Creek, Sneads Ferry
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Holtz
You have our approval, in accordance with the attached conditions, to permanently impact an
additional 0 025 acres of wetlands and temporarily impact 0 045 acres for the construction of an
access road and utilities on the subject property This results in the accumulative impacts of 0 116
acres of permanent wetland impacts 0 045 acres of temporary impacts and 24 linear feet of stream
This access road and utility work is described in your application dated November 11, 2011 2011
received by DWQ Wilmington Regional Office (WiRO) on February 22, 2012 After reviewing
your application it has been determined that the impacts are covered by General Water Quality
Certification Numbers 3820 (GC3820) and 3819 (GC 3819) These Certifications allow you to use
Nationwide Permit 14 (NW 14) and Nationwide Permit 12 (NW 12) 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 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 and in addition to
the wetland impacts approved on November 9 2010 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) Future wetland or stream impacts for this subdivision will be considered as
cumulative and may require the project to be reviewed under an Individual Application This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed on the following pages
1650 Bail Service Center Raleigh North Carolina 27699 1650 One
Phone 919 707 -86001 Internet www ncdenr gov N ofthL�CCas/roh{yna
An Equal Opportunity 1 Affirmative Action Employer 50/ Recycled 110 / Post Consumer Paper
TLAEC LLC
Attn John Holtz
DWQ Project # 2010 0885 V2
April 13 2012
Page 2 of 6
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
2 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
No Sediment & Erosion Control Measures within 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
4 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
Amount Approved Units
Plan Location or Reference
Stream
N/A feet
404 Wetlands
Overall wetland impact map 1 A
Temporary
0 045 acres ( sq ft)
Wetland impact map Sheets 7 & 8
Permanent
0 025 acres sq ft
(attached)
2 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
No Sediment & Erosion Control Measures within 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
4 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
TLAEC LLC
Attn John Holtz
DWQ Project # 2010 0885 V2
April 13 2012
Page 3 of 6
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
5 Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing
activities commencing The silt fences shall be installed in accordance to plan and the side
cast from the trenching shall be placed on the impacted side of the fence and NOT the side
of the wetland that is to be left undisturbed
6 Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the Jurisdictional determination map signed by the US Army Corps of
Engineers The wetland boundary identification (flagging fencing etc) must be maintained
until the project is completed
7 Culverts
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered Existing stream dimensions (including the cross section dimensions
pattern and longitudinal profile) must be maintained above and below the locations of each
culvert Culverts shall be designed and installed to allow for aquatic life movement as well
as prevent head cutting of streams If any of the existing pipes are or become perched the
appropriate stream grade shall be re established or if the pipes are installed in a perched
manner the pipes shall be removed and re installed correctly Placement of culverts and
other structures in waters streams and wetlands must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent
of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow
passage of water and aquatic life Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may
result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and
downstream of the above structures The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ
Culverts shall be placed so that the opening(s) match the natural stream channel wherever
possible Bank full flows 9or less) shall be accommodated through maintenance of existing
bank full channel Additional culverts shall be allowed only to receive flows exceeding
bank full Field adjustments for the culvert placements may be necessary to correctly install
the culverts
TLAEC LLC
Attn John Holtz
DWQ Project # 2010 0885 V2
April 13 2012
Page 4 of 6
The establishment of native woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods If rip rap is necessary it shall not be placed in the stream bed unless specifically
approved by the Division of Water Quality
8 Dewatermg of Construction Site
Dewatering of the construction site if required shall be accomplished by pumping to a
maintained silt bag or approved silting basin Silt bags are not allowed to overcharge and
release sediment to surface waters or wetlands Silt bags will not be located within any
wetland or surface water
9 Temporary Impacts for Utilities
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical During excavation the soils shall be placed on
fabric to minimize impacts whenever possible Topsoil excavated from utility trenches will
be piled separately from the subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted
Along utility corridors within wetlands grub stumps only as needed to install the utility and
cut remaining stumps off at grade level The general stripping of topsoil within wetlands
along the utility corridor is not permitted
10 As Builts
If requested by the DWQ you shall provide an as built survey (either elevation shots or
cross sections) certified by a licensed professional land surveyor of the project area The
survey shall include the amount of wetlands and linear feet of streams impacted in the
project area
11 Continuing Compliance
TLAEC LLC and its authorized agents and/or contractors shall conduct construction
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 If the Division 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 the Division 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 the Division shall notify TLAEC LLC and its authorized agents and/or
contractors and the US Army Corps of Engineers provide public notice in accordance with
TLAEC, LLC
Attn John Holtz
DWQ Project # 2010 0885 V2
April 13 2012
Page 5 of 6
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 TLAEC, LLC and its
authorized agents and/or contractors 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
12 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
13 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
TLAEC LLC
Attn John Holtz
DWQ Project # 2010 0885 V2
April 13 2012
Page 6 of 6
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 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 in the Central Office in
Raleigh at 919 807 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at
910 796 7215
Sincerely
A'w��Q &'c�
Charles Wakild P E
i v, Division of Water Quality
Attachments
Enclosures GC 3820
GC 3819
Certificate of Completion
cc Ken Johnson — Charles F Riggs 7 Associates Inc
Ian McMillan DWQ 401 Oversight Unit, Raleigh
David Bailey USACE Wilmington Regulatory Field Office
Stephen Rynas DCM Morehead City
WiRO
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WETLAND IMPACTS PERMITTED
UNDER NW -14 ACTION ID 2006
00493
IMPACT 1 = 0 018 ACRES
IMPACT 2 = 0 020 ACRES
IMPACT 3 = 0 020 ACRES
IMPACT 4 = 0 033 ACRES
PROPOSED ADDITIONAL IMPACT
PERMANENT —
IMPACT 5 = 0 025 ACRES
TEMPORARY —
IMPACT 6 = 0 032 ACRES
IMPACT 7 = 0 013 ACRES
WETLAND
IMPACT 3
WETLAND
IMPACT 5
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- WETLAND
IMPACT 2
WETLAND
AND STREAM
IMPACT 1
WETLAND
IMPACT 68
�— WETLAND
WETLAND IMPACT 6A
IMPACT 4
PRELIMINARY
NOT FOR RECORDING
COASTAL WETLANDS AS DELINEATED BY
HAYWOOD PITTMAN OF PITTMAN SOIL
CONSULTING AS OF APRIL 22 2010
CHARLES F RIGGS & ASSOCIATES INC "__ "' — " 10"R5O"
(C 730) PLANNED RESIDENTIAL DEVELOPMENT J SCOTT
OF EMCKM C.F RIGGS
LAND SURVEYING AND LAND PLANNING THE LANDING AT w-
502 NEW BRIDGE STREET PO BOX 1570 OVERALL WETLAND Pft"CT humem
JACKSONVILLE NC 25841 1570 EVERETT S CREEK IMPACT MAP 05 02 74
TELEPHONE (910) 455 -0877 EVERETT YOPP DRIVE
FACSIMILE (910) 455 9033 STUMP SOUND TOWNSHIP 1 A
ggsl d @b z a com ONSLOW COUNTY NC
F_ J
404 WETLANDS
EPHEMERAL/ INTERMITTENT
STREAM CLASSIFICATION POINT
®
AS DETERMINED BY JOANNE
STEENHUIS ON APRIL 29 1010
OWNERS
TLAEC LLC
REFERENCES
D B
2498
P
966
3124 LANTERN WAY
MB
58
P
19
WILMINGTON NC 28409
M e
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GRAPHIC SCALE
6
222
TAX PARCEL ID,
765-6515
ELEVATIONS
RELATIVE TO
1000
0 500 1000 2000
NAVD
1988
TITLE SOURCE
D B 3235 P 261
IN >3'»'r )
1 inch = 1000 ft.
CHARLES F RIGGS & ASSOCIATES INC "__ "' — " 10"R5O"
(C 730) PLANNED RESIDENTIAL DEVELOPMENT J SCOTT
OF EMCKM C.F RIGGS
LAND SURVEYING AND LAND PLANNING THE LANDING AT w-
502 NEW BRIDGE STREET PO BOX 1570 OVERALL WETLAND Pft"CT humem
JACKSONVILLE NC 25841 1570 EVERETT S CREEK IMPACT MAP 05 02 74
TELEPHONE (910) 455 -0877 EVERETT YOPP DRIVE
FACSIMILE (910) 455 9033 STUMP SOUND TOWNSHIP 1 A
ggsl d @b z a com ONSLOW COUNTY NC
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WETLAND IMPACT 5
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WETLAND_ IMPACT 5
SCALE
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ELEVATIONS ARE
RELATIVE TO NAVD88
404 WETLANDS
7'— I WETLAND CONSERVATION
/`4 j AREA
®EPHEMERAL/
INTERMITTENT STREAM
CLASSIFICATION POINT
PRELIMINARY
NOT FOR
RECORDING
GRAPHIC SCALE
50 0 25 50 100
( IN I= >
i inch = 50 it.
CHARLES F RIGGS & ASSOCIATES INC
MAW or K JOHNSON
(C 730)
PLANNED RESIDENTIAL DEVELOPMENT
04EOM Or
cF mccs
OF
WETLAND
NOVEMBER S. 2011
LAND SURVEYING AND LAND PLANNING
THE LANDING AT
IMPACT MAP
PROS "we 05 02 74
502 NEW BRIDGE STREET PO BOX 1570
EVERETT S CREEK
JACKSONVILLE NC 25841 1570
TELEPHONE (910) 455 -0877
EVERETT YOPP DRIVE
POTENTIAL IMPACT 5
FACSIMILE (910) 455 9033
STUMP SOUND TOWNSHIP
ONSLOW COUNTY NC
7
r ggsland @b zec m
EMT
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"E-R I=
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0 +50 1+00
WETLAND_ IMPACT 5
SCALE
HORIZ 1 =50
VERT 1 =10
10
FROM
kD)
2
ELEVATIONS ARE
RELATIVE TO NAVD88
404 WETLANDS
7'— I WETLAND CONSERVATION
/`4 j AREA
®EPHEMERAL/
INTERMITTENT STREAM
CLASSIFICATION POINT
PRELIMINARY
NOT FOR
RECORDING
GRAPHIC SCALE
50 0 25 50 100
( IN I= >
i inch = 50 it.
CHARLES F RIGGS & ASSOCIATES INC
MAW or K JOHNSON
(C 730)
PLANNED RESIDENTIAL DEVELOPMENT
04EOM Or
cF mccs
OF
WETLAND
NOVEMBER S. 2011
LAND SURVEYING AND LAND PLANNING
THE LANDING AT
IMPACT MAP
PROS "we 05 02 74
502 NEW BRIDGE STREET PO BOX 1570
EVERETT S CREEK
JACKSONVILLE NC 25841 1570
TELEPHONE (910) 455 -0877
EVERETT YOPP DRIVE
POTENTIAL IMPACT 5
FACSIMILE (910) 455 9033
STUMP SOUND TOWNSHIP
ONSLOW COUNTY NC
7
r ggsland @b zec m
50 STORMWATER BUFFER
1 1
1 �
V
POTENTIAL IMPACT #6B TEMPORARY
(553 SF 0 013 AC)
m
15 PUBLIC UTILITY EASEMENT
ELEVATIONS ARE
' RELATIVE TO NAVD88
16 _�� 404 WETLANDS
WETLAND CONSERVATION
'
F/--z—]AREA
I ® EPHEMERAL/
`\ INTERMITTENT STREAM
CLASSIFICATION POINT
\ 1 s THE PURPOSE OF THE IMPACTS ARE
\ FOR THE INSTALLATION OF THE
SEWER SYSTEM FORCE MAIN AND ARE
\ \ TEMPORARY IMPACTS
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
/ 1 inch = 50 ft.
/ OTE AL IMPACT #6A TEMPORAR
(138 SF 0 032 AC)uQ
NOT N CONSERVATION EASEME
a•
co
PR LIMINARY
�o
OT FOR
41 � R CORDING
CHARLES F RIGGS & ASSOCIATES INC
- --
-
K JMNb 1 DRAVO
(C 730)
PLANNED RESIDENTIAL DEVELOPMENT
K JOHNSON
CF RODS
OF
WETLAND
LAND SURVEYING AND LAND PLANNING
THE LANDING AT
IMPACT MAP
NOVEMBER 8 2011
PROS Kure
05 02 74
502 NEW BRIDGE STREET PO BOX 1570
EVERETT S CREEK
JACKSONVILLE NC 25841 1570
TELEPHONE (910) 455 0877
EVERETT YOPP DRIVE
POTENTIAL IMPACT 6
FACSIMILE (910) 455 9033
STUMP SOUND TOWNSHIP
ONSLOW COUNTY NC
(TEMPORARY)
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