HomeMy WebLinkAbout20120892 Ver 1_Approval Letter_20121026NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E Dee Freeman
Governor Director Secretary
October 26, 2012
DWQ Project # 12 -0892
Harnett County
Forest Ridge Subdivision, Inc.
Attn: Kenneth W. Smith, Sr.
400 Odell Road
Spring Lake, NC 28390
Subject Property: Forest Ridge Commercial — Lot C5 & Access Road
Muddy Creek [18- 23 -26] C
Approval of General Isolated and Other Non -404 Jurisdictional Wetlands Permit with Additional
Conditions
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or impact 0.09 acres of isolated wetlands for the purpose of constructing an access road for
Commercial Lot C5 as described within your application dated September 27, 2012 and received by the
N.C. Division of Water Quality (DWQ) on September 27, 2012. After reviewing your application, we
have decided that the impacts are covered by the State General Permit for Impacts to Isolated and Other
Non -404 Jurisdictional Wetlands and Waters (IWGP100000). 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, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and permit and any additional conditions listed below. E.. k�--_ , { --ATER? ' UALITY
225 Green St , Ste 714
Fayetteville, North Carolina 28301 One
Phone 910 -433 -33001 FAX 910 - 486 -07071 Customer Service 1- 877 - 623 -6748 NorthCarolina
Internet www ncwaterouality.org �ld'tlll'a��lf
An Equal Opportunity . Affirmahve Action Employer
Forest Ridge Commercial Lot C -5
Page 2 of 3
October 26, 2012
The Additional Conditions of the General Permit 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 Practices, shall be performed so that no violations of state water quality
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
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.
Amount Approved (Units)
Plan Location or Reference
Isolated and Non -404
Wetland
0.09 (acres)
PCN page 5 of 11
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 Practices, shall be performed so that no violations of state water quality
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
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.
Forest Ridge Commercial Lot C -5
Page 3 of 3
October 26, 2012
5. 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)."
6. 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.
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.
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 adjudicatory 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 the Non -404 Jurisdictional
Wetlands and Waters Rules. If you have any questions, please telephone Chad Turlington in the DWQ
Fayetteville Regional Office at 910 - 433 -3320.
Sincerely,
Charles Wakild
Director
Enclosures: IWGP 100000
Certificate of Completion
cc: Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Crystal Amschler - USACE Wilmington Regulatory Field Office
Deborah Edwards — Soil & Environmental Consultants, P.A.
DLR Fayetteville Regional Office
File Copy