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HomeMy WebLinkAbout20120653 Ver 1_Approval Letter_20120813NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 13, 2012 DWQ Project # 2012 -0653 Richmond County Mr. Mark Hamblett North Carolina Wildlife Resources Commission ( NCWRC) 2995 N. US Highway 1 Hoffman, NC 28347 Re: APPROVAL of Individual Permit For Impacts To Isolated and Other Non -404 Jurisdictional Wetlands and Waters With Additional Conditions NCWRC Little Dismal Restoration, Richmond County DWQ No. 20120653 Crawford Branch [030755, 14 -32 -8, C] Dear Mr. Hamblett: Attached hereto is a copy of Individual Permit No. 22 issued to Mr. Mark Hamblett and the NCWRC, dated August 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. You can contest this Permit as provided in Articles 3 and 4 of G.S. 150B by filing a written 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 sixty (60) calendar days of receipt of this Certification. 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 8:00am and 5:00pm, 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: Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714, Telephone: (919) 431 -3000, Fax: (919) 431 -3100. A copy of the petition must also be served on DENR as follows: Mr. Bill Carey, General Counsel, Department -of Environment-and _Natural.Resources, 1601 Mail -Service- Center, Raleigh,_NC 27699 - _1601_._ 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone- 919 -807 -63001 FAX: 919 -807 -64921 Customer Service. 1- 877.623 -6748 Internet: www.ncwateroualitv.oro An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Page 2 Mr. Mark Hamblett Richmond County 2012 -0092 If modifications are made to an original Permit, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) calendar days following receipt of the modified Permit. Unless a petition is filed as described above, this Permit shall be final and binding. If we can be of further assistance, please contact Ian McMillan at 919 - 807 -6364 or Karen Higgins at 919- 807 -6360. Sincerely, iaarles W ild, P.E. CW /kah/Um Attachments: Certificate of Completion cc: DLR, Raleigh Regional Office Chad Turlington, DWQ Fayetteville Regional Office File Copy Filename: 120653NCWRCLittleDismalRestoration (Richmond)Ind_I W Page 3 Mr. Mark Hamblett Richmond County 2012 -0092 INDIVUAL PERMIT FOR IMPACTS TO ISOLATED AND OTHER NON -404 JURISDICTIONAL WETLANDS AND WATERS THIS INDIVIDUAL PERMIT is issued in conformity with the requirements of Isolated and Other Non - 404 Jurisdictional Wetlands and Waters Rules as found in the North Carolina Division of Water Quality (DWQ) Regulations 15 NCAC 02H, Section .1300, to Mr. Mark Hamblett and the NCWRC, to fill or otherwise impact 21.0 acres of Isolated and Other Non -404 Jurisdictional Wetlands to construct the proposed amphibian habitat restoration project at the site. The site is located near the Town of Dobbins, Richmond County, North Carolina, pursuant to an application dated June 28, 2012 (received by the DWQ on July 2, 2012), and Public Notice issued the DWQ on July 14, 2012. The application and supporting documentation provide 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 only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to construction a new application for a new Permit is required. If the property is sold, the new owner must be given a copy of the Permit and approval letter and is thereby responsible for complying with all conditions of this Permit. Any new owner must notify the DWQ and request the Permit 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 021-1.1305. 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 Isolated and Other Non -404 Jurisdictional Wetlands Permit 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 Isolated Wetland Permit are met. No other impacts are approved including incidental impacts: Type of impact Amount Approved Units Plan Location or Reference Isolated Wetland 21.0 (acres) Application and Public Notice Sediment and Erosion Control: 2. 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 Page 4 Mr. Mark Hamblett Richmond County 2012 -0092 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 DWQ. 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; 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: 4. Mr. Mark Hamblett and the NCWRC shall conduct construction activities in a manner consistent with State Isolated and Other Non -404 Jurisdictional Wetlands and Other Waters 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 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, the DWQ may reevaluate and modify this Permit to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 02H.1303. Before modifying the Permit, the DWQ shall notify Mr. Mark Hamblett and the NCWRC, provide public notice in accordance with 15A NCAC 02H.1303 and provide opportunity for public hearing in accordance with 15A NCAC 02H.1303. Any new or revised conditions shall be provided to Mr. Mark Hamblett and the NCWRC, in writing, for reference in any Permit issued pursuant to 15A NCAC 02H.1300. 5. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO 10000), inspection log sheets, and other information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w . �1 Page 5 Mr. Mark Hamblett Richmond County 2012 -0092 6. Certificate of Completion Upon completion of all work approved within the Individual Permit For Impacts To Isolated and Other Non -404 Jurisdictional Wetlands and Waters, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting (WeBSCaPe) Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire on October 31, 2013. Non - compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this Permit for the project and may also result in criminal and/or civil penalties. This the 13`h day of August 2012 DIVISION OF WATER QUALITY r C rtes Waki , P.E. CW/kah/i m 22