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HomeMy WebLinkAbout20100885 Ver 2_Approval Letter_20120413kF%':i;a l + z CDEM 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 a E 0 Z 0 i °a U Y 0 a 0 n N O oI o 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 ycti opi ,-- a�"�y A 2 TO U 5 HIGHW�� N C HIGHW 0 CL G W I� - 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 P 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 w a 0 a I 0 1 to U, O N 50 STORMWATER BUFFER � � a �VF� SF�,c�gTF � A�T'SJ <y -� POTENTIAL WETLAND IMPACT 5 (1069 SF 0 025 AC) 1 1 1 1 N � , :o To�Fs PROPOSED EDGE OF 0 GRAVEL DRIVE WETLAND IMPACT 5 SCALE 1 =50 EXISTING GROUND (10 OFFSET LEFT FROM f, /I oQnomm Rnem _ 35 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 EMT �I lt "E-R I= - tT"f Hue i1-7: • 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) O C7 rggsla d @biz rr om