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Home My WebLink About20110568 Ver 2_No Written Concurrence_20130308NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 8, 2013 Blackwater Development Group, LLC Attn: Ken Baucom+ 2723 Horse Pen Creek Rd. Suite 105 Greensboro, NC 27410 John E. Skvada, III Secretary DWQ Project #: 11 -0568 V2 Onslow County Subject Property: The Quarters at Stones Bay, Sneads Ferry NO WRITTEN CONCURRENCE NEEDED Dear Mr. Baucom: You have our approval, in accordance with the attached conditions; to permanently impact 0.081 acres of jurisdictional wetlands as described in your application dated February 13, 2013 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on February 14, 2013. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3890 (GC 3890) are met. This Certification allows you to use the Nationwide 18 Permit when issued by the US Army Corps of Engineers. 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. 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. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.72151 FAX 910.350.20041 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper te Ca rolina ura«lf Blackwater Development Group, LLC Attn: Ken Baucom+ DWQ Project # 20110568 V2 March 6, 2013 Page 2 of 3 Conditions of Certification: 1) Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. 2) No Impacts Beyond those in Application 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. 3) Dewatering if the construction site, if required, shall be accomplished by pumping to a maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge and release sediment to the surface waters or wetlands. Silt bags will not be located within wetlands or surface waters. 4) 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. This Certification shall become null and void unless the above conditions and the General Certifications are made conditions of the Federal 404 and /or Coastal Area Management Act 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. Blackwater Development Group, LLC Attn: Ken Baucom+ DWQ Project # 20110568 V2 March 6, 2013 Page 3 of 3 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 A copy of the petition must also be served on DENR as follows: Lacy Presnell, 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 at 919.807.6360 or Joanne Steenhuis at our Wilmington Regional Office at 910.796.7306. Sincerely, Joanne Steenhuis Senior Environmental Specialist Attachment Enclosures GC 3890 Certification of Completion cc: Kim Williams — Land Management Group, Inc. Karen Higgins - DWQ 401 Oversight Unit David Bailey - USACE Wilmington Stephen Rynas — DCM Morehead WiRO M 1J PROJECT BTATU9 U WETLAND IMPACT MAP cUENr uuonwrpw eon. PARA OUNTE ^ y J oR�w�Na g r NG r IW NPORMAnoN QUARTERS AT STONES BAY - PH. I WUX NCTON. NC FAYEMVI"NC 5911 OlnMerDne,Sutm BLACKWAMRDMWP..M- TGROl1P,Il.0 ATM„ ONSLOW COUNTY Mnngt None Gwdm 2s+01 , 2723 HORSE PEN CREEK ROAD 1 0°�"" °� NORTH CAROLINA (91� 791.6107 (U) (91Q) 7916760 (� GREENSBORO, NC NC LXMN a C-M6 aSE6- — y co c ATER MAIN i PROPOSED — - - -=_ _—_ _ =—_SANITARY SEWER _ (2) 901-F 30" RCP WETLAND IMPACT -�_ WEj` SF (0.055 AC) =2,381 —- - I --- -- WETLAND CROSSING #1 - PLAN HORIZONTAL SCALE 1 " =50' 60 60 PROPOSED GRADE 55 WETLAND IMPACT AREA (TYP.) 3:1 TIE SLOPE - PROPOSED (NP) WATER MAIN 59 - 50 PROPOSED GRAVITY SANITARY SEWER EXISTING �- GRADE u -- w U 45 45 PROPOSED 90 LF 2 -30" RCP INV IN = 48.50' INV OUT = 48.25' -50 0 +50 WETLAND CROSSING #1 - CROSS SECTION HORIZONTAL SCALE 1 " =50' VERTICAL SCALE 1 " =5' GRAPHIC SCALE 0 50 100 150 SCALE: 1"=50' Date • 5/1912011 BLACKWATER DEVELOPMENT GROUP, LLC e R AMOT TNTE Scale 1•_50 P IL ` �••J 1 , 1 PEN C CREEK ROAD 2723 HORSE PEN CREEK ROAD Drawn TGC E N Q t N E E R 1 N Ca. 1 N C. GREENSBORO, NC 27410 Chk TGC 5911 Oleander Drrvc, V6 dmmgton, NC, 28403 (910)- 791 -6707 - NC license # C -2846 Prot No 11130 PE