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
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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
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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
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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
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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
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