HomeMy WebLinkAbout20120972 Ver 1_Approval Letter_20121029North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
October 29, 2012
Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
1000 Hunters Trail
Jacksonville, NC 28544
DWQ Project # 12 0972
Onslow County
Subject Property: Wantlands Ferry, Section 1 at Towne Pointe, Jacksonville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Tuton:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.18 acres of riparian wetlands, 58 linear feet of stream and temporarily impact 0.01 acres of
riparian and 38 linear feet of stream for the purpose of constructing an access road and infrastructure for
the subdivision, as described within your application dated February 1, 2012 and received by the
Wilmington Regional office (WiRO) on October 22, 2012 and additional information on October 26,
2012. After reviewing your application, it has been determined that the impacts are covered by General
Water Quality Certification Number 3890 (GC3890). The Certification(s) allows you to use
Nationwide Permit 29 when issued by the US Army Corps of Engineers (USAGE). 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
stormwater 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 Permit.
This approval is for the purpose and design that you described in your application. The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the
permit. If you change your project, you must notify us and you may be required to send us a new
application. Additional wetland impacts that may cause the impacts to exceed the 0.5 acre threshold will
be required to be submitted as an Individual Permit 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 2H.0506 (h).
This approval requires you to follow the conditions listed in the attached certification and _a X addition}
conditions listed on the following pages. �°t \17 7 '
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1601 Mall Service Center, Raleigh, North Carolina 27699 -1601 One
Phone: 919-707-8600 1 Internet www.ncdenr.gov NNaturiqllff orthCarofiina
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
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Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
DWQ Project # 2012 0972
October 29, 2012
Page 2 of 6
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. Sedimentation and Erosion Control
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.
Amount Approved
Plan Location or Reference
(Units)
Wetlands
Permanent
0.18 acres
Wetland Impact Map Sheets 2, 3 & 4 of 4 (attached)
Temporary
0.01 acres
Wetland Impact Map Sheets 2, 3 & 4 of 4 attached
Open Waters
N/A
Stream
Permanent
58 linear feet
Wetlands Impact Map Sheets 2, 3 & 4 of 4( attached)
Temporary
38 linear feet
2. Sedimentation and Erosion Control
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.
Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
DWQ Project # 2012 0972
October 29, 2012
Page 3 of 6
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual
(http://www.ncdot.orgLdoh/operations/BMP manual /download /BMP Manual.pdo such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes
are or become perched, the appropriate stream grade shall be re- established or, if the pipes
are installed in a perched manner, the pipes shall be removed and re- installed correctly.
All authorized culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and downstream of the above
structures.
The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ. Culverts shall be placed so that the opening(s) match the
natural stream channel wherever possible. Bank -full flows (or less) shall be
accommodated through maintenance of the existing bank -full channel. Additional
culverts shall be allowed only to receive flows exceeding bank -full. The low flow pipes
should be aligned with the deepest part of the stream channel, so that flow is maintained
during low flow conditions. Field adjustments of the culvert placements may be
necessary to correctly install the culverts.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality. All approved rip -rap shall be appropriately
keyed in and only placed in wetland and stream areas that have permitted impacts.
Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
DWQ Project # 2012 0972
October 29, 2012
Page 4 of 6
6. Protective Fencing
The wetland or water boundaries within 50 feet of all construction and other land disturbing
activities shall be clearly marked with orange warning fencing (or similar high visibility material)
within the proposed Subdivision. prior to any land disturbing;
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
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 project. 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 permit [applicable to construction projects that disturb one (1) or more acres], full
compliance with permit conditions including the sedimentation control plan, self - monitoring,
record keeping and reporting requirements are required. A copy of this permit and monitoring
report forms may be found at htW: //h2o. enr. state. nc. us/su/Forms Documents. htm
8. Any final construction plans for this project must include or reference the application and
plans approved by the DWQ under this authorization letter and certification.
All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of
Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at
910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG
National Response
10. Any wetland impacts in the future phases of this project will be required to apply for a
modification to this permit and the proposed impacts will be considered cumulative with
ALL previous impacts. See previous impacts listed in USACE Permit (not included in this
certification).
11. "Re- opener" Clause
Onslow 22, LLC and their 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. Onslow 22, LLC shall require their 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 the job 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 2H.0507(d). Before modifying the
certification, DWQ shall notify Onslow 22, 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 Onslow
Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
DWQ Project # 2012 0972
October 29, 2012
Page 5 of 6
22, LLC in writing, and shall be provided to the United States 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 project.
12. Deed Notification/Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the
USACE) for the remaining wetlands on the property shall be included with the Certification
of Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must
also be complied with.
13. Determination of Impacts
At the completion of the project, the DWQ may require a determination of the area impacted (as-
built) which is to encompass the location and acreage of the impacts (it can be shown on an aerial
or done as a survey). This to be included with the Certification of Completion and sent to the
Wilmington Regional Office (address on the letterhead page) and to Raleigh (address below).
14. 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 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
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 wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a 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 thirty (30) days of receipt of this notice. 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 8:00 am and 5:00 pm, 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)- 733 -2698, Facsimile: (919)- 733 -3478
Onslow 22, LLC
Attn: Michael G. Tuton, Vice - President
DWQ Project # 2012 0972
October 29, 2012
Page 6 of 6
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 Karen Higgins in the Central Office in Raleigh at
919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306.
Sincerely,
Char s�VVakild, P.E., Direc r
Division of Water Quality
Attachments
Enclosures: GC 3890
Certificate of Completion
cc: David Bailey - USACE Wilmington Regulatory Field Office
Tim Stewart — Parker and Associates, Inc.
Karen Higgins - DWQ 401 Unit
Stephen Rynas - DCM Morehead City
WiRO
Stub -Out Pipes To 8' Behind BOG,
Headwall Top 26.1
Headwoll To Be
Wrap Each End With Fabric, Band Wetlands
Parallel To BOG
With Stainless Steel Strap, Block Line
Wantland 1s f� erry, Section I
With Plywood, And Backfill. (Typ.) 1
1
Scale: I " =40'
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Field book: Towne Pointe; Pg. 26 -40
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Date: 01/27/12 Rev.: 07116112
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Onslow 22, LLC
Scale: I " =40'
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and Fill Ex.
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P Tn nent Wetlands Impact - 0.16 Ac.
Tempanry k4atk rds Impact - 0.01 Ac.
Permo�ent
Stream Impact - 68 L.F.
Temporwy 5trea`In Impact - 99 L.F.
Wetlands
Line
Install Silt Fence at (Typ.)
Clearing Limits at _ _•
TOE of Fill Slope •�
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Stub -Out Pipes To 8' Behind HOC
Wrap Each End With Fabric, Band
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due to boulevard layout change
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Pro sect:
Owener /Developer:
Date: 01/27/12 Rev.: 07116112
Wantland 1s f� erry, Section I
Onslow 22, LLC
Scale: I " =40'
Field book: Towne Pointe; Pg. 26 -40
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At ®wne ®late
825 Gum Branch Road, Suite 115
Jacksonville, North 28540
File Name: WalticmdsFerry5ectl- Impact.DWG
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Carolina
Disk Name: Acod #2316
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(q10) 455 -1800
Drawn: JJ5
White Oak Twp., Onslow Co., North Carolina
Job No.: 5100818 -4c196
Legend:
0 ARMW - Air Release Manhole
(L - Centerline
® CB - catch Basin
B -B - Back of Curb to Back of curb
BOG - Back of Curb
D.I. - Ductile Iron Pipe
Elev. - Elevation
Ex. - Existing
Inv. - Invert
® JB - Junction Box
L - Arc Length
L.F. - Linear Feet
Min. - Minimum
PVC - Polyvinyl Chloride
R/W - Right -of -way
RCP - Reinforced Concrete Pipe
RRA - Rip Rap Apron
SFM - sewer Force Main
s� TOB - Top of Bank
trf - Temporary Rock Filter
(Typ.) - Typical
g �-- - Flow Arrow
Pipe Label
' x 80.-0 - Proposed spot Elevation
__+ - Sewer Force Main
of - Silt Fence
... ... - Ditch
Water Line
Parker & Associates, Inc.
Consulting Engineers — Land Surveyors — Land Planners
P.O. Box 976 - 28541 -0976
306 New Bridge Street - 28540
Jacksonville, North Carolina
Phone (910) 455 -2414 - Fax (910) 455 -3441
Firm License Number: F -0108
Land Projects 3\ Wantland's Ferry Sect. I \dwg\ WantlandsFerrySectl- Impact dwg, 7/16/2012 2 00.20 PM, JJS
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