HomeMy WebLinkAbout20120473 Ver 1_Approval Letter_201205304�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
May 30 2012
Broadwell Land Company
Attn Dohn B Broadwell Jr
903 Hay Street
Fayetteville NC 28305
Subject Property Lakedale Phase 2
UT to Blounts Creek [(18 27 5) C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Broadwell
Dee Freeman
Secretary
DWQ Project # 12 0473
Cumberland County
You have our approval in accordance with the attached conditions and those listed below to place fill
within or otherwise permanently impact 102 linear feet of perennial stream permanently impact 0 034
acres of wetlands by conversion for sanitary sewer maintenance corridor permanently impact 0 075 acres
of wetlands for road construction and temporarily impact 0 084 acres of wetlands for sanitary sewer
construction and a construction corridor for a road crossing for the purpose of the construction of a
residential subdivision at the subject property as described within your application dated May 10 2012
and received by the N C Division of Water Quality (DWQ) on May 10 2012 After reviewing your
application we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3890 (GC3890) The Certification(s) allows you to use Nationwide Permit(s) NW29 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 comnensatory mitigation may be reauired 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
225 Green St Ste 714
Fayetteville North Carolina 28301 One
Phone 910 -433 33001 FAX 910 - 486 -07074 Customer Service 1- 877 -623 6748 NorthCaro /llna
Internet www ncwaterpuality org �atu�aL��
An Equal opportunity Affirmat vP Action Employer
Broadwell Land Company IT
Page 2 of 3
May 30 2012
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
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 Practice-, -,hall be nerfnrmed co that no vlolationc of State water gLal,t.
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
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0 075 acres
PCN page 5 of 13
(Permanent Impact)
404 Wetlands
0 034 acres
PCN page 5 of 13
(Permanent
Conversion)
404 Wetlands
0 084 acres
PCN page 5 of 13
(Temporary Impact)
Perennial Stream
102 linear feet
PCN page 6 of 13
(Permanent Impact)
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 Practice-, -,hall be nerfnrmed co that no vlolationc of State water gLal,t.
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
Broadwell Land Company
Page 3 of 3
May 30 2012
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 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
6 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 waning 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 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 do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts) you may ask for an adludicatory 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 Ian McMillan in the Central Office in Raleigh at 919
807 6301 or Chad Turlmgton in the DWQ Fayetteville Regional Office at 910 433 3320
Sincerely
6LM60 J Nvyv�
Charles Wakild
Director
Enclosures GC 3890
Certificate of Completion
cc Karen Higgins — Wetlands Buffers and Stormwater Compliance and Permitting Unit
Crystal Amschler USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
Nicole Thompson — Soil & Environmental Consultants P A
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