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Home My WebLink About20120851 Ver 1_Approval Letter_20121029�*'A NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Shinnwood West, LLC Mr. Howard A. Penton III 6105 Oleander Drive, Suite 201 Wilmington NC 28403 Subject Property: Shinnwood West Charles Wakild, P E. Director October 29, 2012 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Penton, Dee Freeman Secretary DWQ Project 4 12 -0851 New Hanover County You have our approval, in accordance with the attached conditions to impact 0.25 acres of 404 wetlands as described in your application received by the DWQ on September 11, 2012. After reviewing your application, we have determined that these impacts are covered by General Water Quality Certification Number 3890 (GC3890). This Certification allows you to use the Nationwide 29 Permit when issued by the US Army Corps of Engineers. This general certification may also be viewed on our website at http• / /portal.ncdenr.or web /wq /swp /ws /401 /certsand permits. This approval is only valid for the purpose and design that is 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1) 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: 1617 Mall 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 ncwaterguality orq �C�CC��IC p� OCT 3 1 2012 6ENR - WATER QUALITY An Equal Opportunity, Affirmative Action Employer I Yit ands & a 2mat®E B1 h NorthCarolina AMr AY Amount A pproved (Units) Plan Location or Reference I 404 Wetlands 0.25 acres PCN application page 4 of 10 1617 Mall 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 ncwaterguality orq �C�CC��IC p� OCT 3 1 2012 6ENR - WATER QUALITY An Equal Opportunity, Affirmative Action Employer I Yit ands & a 2mat®E B1 h NorthCarolina AMr AY 2 Shmnwood West New Hanover County 2012 -0851 2) 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 PCN 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. 3) No Sediment & Erosion Control Measures within 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. 4) Standard Erosion and 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: a. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5) Construction Stormwater Permit NCGO10000 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 (NCGO10000) 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 litip:Hportal.iicdeilr.oi-g/web/wq/ws/su/coiistruction. 3 Shmnwood West New Hanover County 2012 -0851 6) Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 7) Upon completion of-the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the Division of Water Quality. 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, 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 Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan at (919) 807 -6300 or Chad Coburn at our Wilmington Regional Office at (910) 796 -7215. Sincerely, t Charles-W kild, P.E., Director Division of Water Quality Enclosures: GC's 3890 Certification of Completion cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit Emily Hughes — Corps of Engineers Wilmington W iRO ' Y u�eSU AyE '� S I 1 r 1 SHINNWOOD WEST WETLAND IMPACTS, PERIIANdT IMPA[TS WETLAND WACT /1 - 1.052 S NEILANO B.ACT 12 - 5.885 a BETIANO MPACT 93 - 22" _ TOTALS - IO,B90 S (025 AC) WETLAND IMPACT PLAN General Notes. Development Data 1 Nr Ht— Gamyy Psa.1 H— »JHa T.l! hoct Mw - X—1 4 - 11» e. .eO1MOb MAMAMS - 4�J1411 AOaRS Ed.1 OMEMVAIE LIXD 110AD ] told Ano: 1i» o..t P..mi11.e artltr (N -13 Oa1� x S enllNa[) . t13 wt. Aw.... 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VICINITY MAP � »] 3 w SoAQ'I S NaIILNA 1 N/C 9ACL (NTS) ' Y u�eSU AyE '� S I 1 r 1 SHINNWOOD WEST WETLAND IMPACTS, PERIIANdT IMPA[TS WETLAND WACT /1 - 1.052 S NEILANO B.ACT 12 - 5.885 a BETIANO MPACT 93 - 22" _ TOTALS - IO,B90 S (025 AC) WETLAND IMPACT PLAN CITY OE "',MINOTON NE TLAND �TBACK ENCROAp1MENT5 WETLAND SETBACK AREA - 372127 S PERMITTED IIETLAND SETBACK ENCROACHMENT - 55.818 S - 15% PROPOSED WETLAND SETBACK ENCROACHMENT - 51,397 S - 146R Xrrwap0 waT Itr 1Nw. Rmn EN1 N`EERING W -1 tAnu.Ar uRC wA+.r. rn ta.wwsnn � n.n.1.w z IlIIII'' PHI' If� �It ' CITY OE "',MINOTON NE TLAND �TBACK ENCROAp1MENT5 WETLAND SETBACK AREA - 372127 S PERMITTED IIETLAND SETBACK ENCROACHMENT - 55.818 S - 15% PROPOSED WETLAND SETBACK ENCROACHMENT - 51,397 S - 146R Xrrwap0 waT Itr 1Nw. Rmn EN1 N`EERING W -1 tAnu.Ar uRC wA+.r. rn ta.wwsnn � n.n.1.w