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Home My WebLink About20110896 Ver 1_Approval Letter_20120713A kv�w IVAI MCDERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Waklld P E Governor Director I. y I" 201Z Mr Peter Talty Orton Plantation Holdings LLC 17th Floor 1251 Avenue of the Americas NY NY 10020 Re Orton Plantation B ursi icK C01,111*) DWQ #20110896 USACE Action ID No SAW 2011 00624 Ut to Orton Creek [030617 18 86 C SW] Dee Freeman Secretary APPROVAL of 401 Water Quality Certification with Additional Conditions AFTER THE FACT Dear Mr Talty Attached hereto is a copy of Certification No 3933 issued to Mr Peter Talty and Orton Plantation Holdings LLC July 13 2012 In addition you should get any other federal state or local permits before you go ahead with your project including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesitate to contact us Sincerel - "(�/ /J�t Charles Wakild P E CW/kah/ym Attachments Certificate of Completion NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements cc Jeff Garnett, EPA Sam Nunn Federal Center 61 Forsyth Street SW Emily Hughes USACE Wilmington Regulatory Field Office Chad Coburn DWQ Wilmington Regional Office DLR Wilmington Regional Office File Copy Kim Williams LMG Inc P O Box 2522 Wilmington NC 28402 Filename 1108960rtonPlantation (Brunswick )401_iC tia id B rf ti i t f l g ll d( la l el Ce C i y 1 h r )lo a �u( i Equal I) u ib [ b i I o I Atlanta GA 30303 Mr Pe cr Tal'y and O-to-i Pla-itatior Holdings LLC Page 2 of 5 JLIJ i3 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 2 i 7 of the united q ate and !,i bie,.t in tiic N s h Car:)lir a Divir. oii of �v ester r Wity (tllc Division ) Regulations in 15 NCAC 2H Section 0500 to Mr Peter Talty and Orton Plantation Holdings LLC 1 ho hwt.e After the Fact pernis.io^ to r1l o othcrwi.e impa,,t 286 4, acres of 404 /wetlands (2 41 at'lub of 404 /wetland freshwater permanent impact and 0 16 acres 404 /wetland coastal wetland permanent impact, and 283 9 acres of temporary remaining rice field impacts) to rehabilitate the historic extent of the Orton Plantation rice fields at the site which is located along the east side of Plantation Road SE off NC Highway 133 northeast of the City of Southport Brunswick County North Carolina pursuant to an application dated October 5 2011 and received by thol Division on May 16 2012 with additional information reLeivea on November 23 2011 May 14 2012 June 29 2012 and July 12 2012 and by Public Notice issued by the USACE on October 5 2011 and received by the DWQ on October 5 2011 The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the supporting documentation and conditions hereinafter set forth This approval is for the purpose and design submitted in the application materials and as described in the Public Notice If the project is changed prior to notification a new application for a new Certification is required If the property is sold the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification Any new owner must notify the Division and request the Certification be issued in their name Should wetland or stream fill be requested in the future additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in writing and a new application for 401 Certification may be required For this approval to be valid compliance with the conditions listed below is required Conditions of Certification 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 to wetlands streams and/or buffers are approved including incidental impacts Type of Wetland Amount Approved Units Plan Location or Reference 404/Wetlands 286 47 [(acres) of 404 /wetland (2 41 Application and Public Notice and acres of 404 /wetland freshwater email with maps CO I Rice Field permanent impact and 0 16 acres Exclusion Area, and Figure 7 — 404 /wetland coastal wetland Proposed Repair Areas and Field permanent impact and 283 9 acres of Access Points received 7/12/2012 temporary remaining rice field impacts)] Mr Peter Tait% and Orton Plar+atio^ Holdinge LLC Page 3 of 5 my 1-5 2G' L Sediment and Erosion Control 2 Erosion and sediment control practices must be in full compliance with all specifications goveming the pronci dca►gn whEallatiori and upuiation and indiiiteiiaii�,e of audd Deal 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 mcaaares —rust be aucr t "at thcv equal or exceed the requireme ^t. specified it the rrost 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 Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 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 404/401 Permit Application 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 Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from 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 d ►s 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 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 Continuing Compliance Mr Peter Talty and Orton Plantation Holdings LLC 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 Mr Peter Talty and Orton Plantation Holdings LLC and the US Army Corps of Engineers provide public notice in accordance with 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 Mr Peter Talty and Orton Plantation Holdings LLC in writing shall be provided to the United States Army Corps of Engineers for reference in any M- Peter Talq and Orton Plan ation holdings LLC Page 4 of 5 J1i1 13 2012 Permit issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for the project 7 Coast -uct on bl o—n a *er °e-m * 1*'f,60I 0000 Upon the approval of ar Erosion and Sedir ientat or Cortrol Plan s.,ued by tl�e Di ✓ on of La -d Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the protect 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 perm * rappl cable *o cons *ruc *ion p oiects that di3tarb one (1) or more acreN' fall "omphaiwe with permit conditions including the sedimentation control plan self monitoring record keeping and reporting requirements are required A copv of this permit and monitoring report forms may be found at http / /portal ncdenr orgi� /c /document hbrarL/get i le uurd= dlSe7ee8 cb50 443f9dcf 049b001337ac &groypId =38364 8 Mitigation Mitigation must be provided for the proposed impacts as specified in the table below We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DIVISION to be a suitable method to meet the mitigation requirement Until the EEP receives and clears your check (made payable to DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 716 1921 if you have any questions concerning payment into a restoration fund You have 60 days from the date of this approval to make this payment For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement Type of Impact Compensatory Mitigation Required River and Sub basin Number 404/Wetlands 2 41 (acres) — freshwater wetlands Cape Fear03O30005 404 /Wetlands 0 16 (acres) — coastal wetlands Cape Fear03O30005 Re opener Clause Mr Peter Talty and Orton Plantation Holdings LLC and its authorized agents shall conduct its 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 Mr Peter Talty and Orton Plantation Holdings LLC shall require its contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification A copy of this Certification shall be included in the construction contract and available on thejob site at all times If DWQ 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 DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 02H 0507(d) Before modifying the certification DWQ shall notify Mr Peter Talty and Orton Plantation Holdings LLC and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 02H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H 0504 Any new or revised conditions shall be provided to Mr Peter Talty and Orton Plantation Holdings LLC in writing shall be provided to the United States Mr peter Talty and Ofton Piantation Holdings LLC Page 5 of 5 ialy is 20'2 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 protect 10 r'ieabe bu aWaie tuai. oY havitig inipactcd Watcib WitltOUt ttibt aupiyulg iui ana act,u1 111g tie issuance of a 401 Water Quality Certification you have violated Title 15A of the North Carolina Administrative Code (NC4C) 2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters including wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water °ollut or Control Act sl'ali f ie e ti, the Director of the North Ca-olvia D Z i. or of Water QJalit; Pursuant to G S 143 -215 6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000 00 per day for each violation 11 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 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 If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If modifications are made to an original Certification you have the right to an adJudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification Unless such demands are made this Certification shall be final and binding 3933 CW/kah/ym This the 13h day of July 201 OF AT R Q TY ikild P E M A A DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild P E Governor Director �Lrth Cdrolm- D s on L water Qudi ►t, 401 Water Quality Certification Summa*; or ue*m ited impacts and Tvh ga>iion Req i rements Dee Freeman Secretary In accordance with 15A NCAC 2H 0500 Mr Peter Talty and Orton Plantation Holdings LLC have After the Fact permission to fill or otherwise impact 286 47 acres of 404 /wetlands (2 41 acres of 404 /wetland freshwater permanent impact and 0 16 acres 404 /wetland coastal wetland permanent impact and 283 9 acres of temporary remaining rice field impact-) to rebahilitate the historic extent of the Orton Plantation rice fields at the site which is located along the east side of Plantation Road SE off NC Highway 133 northeast of the City of Southport Brunswick County North Carolina All activities associated with these authorized impacts must be conducted with the co-d tion listed in the - ttactied 1:1ermit i*ansmittal i-tte T PIS CERTiF1CATIOTV IS RTO— VALID 11 I T HOLT THE ATTACHMENTS COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM EEP Project Name Orton Plantation DWQ PROJECT # 20110896 LOCATION Near Southport COUNTY Brunswick BASIN/ SUB BASIN Cape Fear /03030005 As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R 0503(b) Impacts Mitigation 2 41 Acres Of Freshwater 404 Wetlands 2 41 Acres Of Freshwater 404 Wetlands 0 16 Acres Of Coastal 404 Wetlands 0 16 Acres Of Coastal 404 Wetlands One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose this option please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH N C 27699 1652 (919) 716 1921 Filename 1108960rtonPiantation (Brunswick)401_IC_EEP U tnd a rs Slomi at i ttPI et r i rJ hti (l B i J 1 it n,ifcteen i "al ig iioril i u ^i on C q 0 o Ot Nx 1r 80 If rn t I pnitai t i tr i r� d If F u i t r i IN Aninm Ac C itp i