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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 ' r2 . rrR N r WATEK aua 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 • i J 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' 1 uc -0 er Field book: Towne Pointe; Pg. 26 -40 /� At ®wne ®late Temporary File Name: WalticmdsFerry5ectl- Impact.DWG N Impact + \ �tU6�1 •�•• t 2Fut �••`• •�'•� Fut� Pipes GB w /trf Road � or Top 27.61 a Stu outs ••�, Inv. 21.64 pi sf Inv. sf 1.76 sf of Inv. �U sf sf w 21.76 -� 0 20' 26.8 m • �LL'i, O u + \Inv. a nv. In 15.3 't Below 5trecm Bottom For East Pipe In 16.8 For West Owener /Developer: Date: 01/27/12 Rev.: 07116112 0 IS Wantland 1s f� erry, Section I Onslow 22, LLC Scale: I " =40' uc Ic Field book: Towne Pointe; Pg. 26 -40 /� At ®wne ®late Temporary File Name: WalticmdsFerry5ectl- Impact.DWG o Impact + \ a. (q10) 455 -1800 Drawn: JJ5 M � 9 inv. ire .54 �U �/ sf s 00 ✓ sf Ci ARMH . •CB w /trf N EX . Install at Top 26.3 / N f �eg`q pe5lgn High Poln / Inv. 21.6 / GP 50` ed `l8n R — — — — — — Headwall Top 26.1 3 Re�rJ _ • • Headwall To Be 'Doll Ex. pesign f Wetlands Parallel To 50C 1 Inv. O But Line X �1 (Typ.) / Temporary E ey n / Im `O� �errpor y RRP� Install Water 4' From Storm / Pmt �X. uctld^ Drain Line And Maintain 10' y y. �t �8� / Minimum From SFM E °- BOO i p0 n C, ti oP 2� y�tr 2 -8' RCP 3 v Z� 2 5 �6 0 �e Inv. Out 15.1 3 \ r�yt0\\ as, oP 10 1't Below Stream v \ r1N Lid ove % Bottom For East Pipe 4 'Co Inv. Out 16.6 For West Pi Rev 08102112 JJ5 - Add to X i GRAPHIC SCALE: 1"=40' 0 40 80 12C FEET and Fill Ex. Road t Fill Impact *I 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 •� a r Stub -Out Pipes To 8' Behind HOC Wrap Each End With Fabric, Band \ With Stainless Steel Strap, Block !. With Plywood, And Backfill. �� of Inv. 22.3 I of �6 PVC JL C3 47 ./• 0 Wetlands `~ /• Line (Typ.) / ex. / creek / / •� ?" PVC a 2011 II / \ Or yop �6 tr• f, 1 21 �d� .,, / / //- MVO rary Impact areas W. Rev. 07/16/12 JJ5 - Rev. Impact Area #1 t grades wetlands Inlpaet Map #1- flan View - Sheet 2 of 4 due to boulevard layout change c = 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 /� At ®wne ®late 825 Gum Branch Road, Suite 115 Jacksonville, North 28540 File Name: WalticmdsFerry5ectl- Impact.DWG o Carolina Disk Name: Acod #2316 a. (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. 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