HomeMy WebLinkAbout20100506 Ver 2_Approval Letter_20130319Sri A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
March 19, 2013
DWQ Project # 2010 0506 V2
Onslow County
Spartan Investing, LLC
Attn: Stephen Michael Ray
107 Lewis Humphrey Lane
Hubert, NC 28539
Subject Property: Kingsbridge on Queens Creek lots 4 -8 Section 7A, Hubert
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ray:
You have our approval, in accordance with the attached conditions and those listed below to fill 0.0934
acres of wetlands and 71 linear feet of intermittent stream to access uplands, as described in your Pre
construction application (PCN) dated March 11, 2013 and received by the Division of Water Quality
(DWQ) in the Wilmington Regional Office (WiRO) on March 18, 2013. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number 3890 (GC
3890). This Certification allows you to use the 404 permit when issued by the US Army Corps of
Engineers. 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. 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed on the following pages.
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:
127 Cardinal Drive Ext., Wilmington, NC 28405 NO e Carolina
Phone: 910.796.72151 FAX 910.350.20041 Internet: wm.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper atura!!rf
Spartan Investing, LLC
Attn: Stephen Michael Ray
DWQ Project # 2010 0506 V2
March 19, 2013
Page 2 of 4
2. The approved plans and specifications for this project are incorporated by reference and are an
enforceable part of the permit.
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 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.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
S. 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.
6. The applicant shall require his 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.
7. 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
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
N/A
Stream
Intermittent
71 linear feet
See attached previously approved drawings
404/401 wetlands (filled)
0.0934 acre
See attached previously approved drawings
2. The approved plans and specifications for this project are incorporated by reference and are an
enforceable part of the permit.
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 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.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
S. 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.
6. The applicant shall require his 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.
7. 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
Spartan Investing, LLC
Attn: Stephen Michael Ray
DWQ Project # 2010 0506 V2
March 19, 2013
Page 3 of 4
910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG
National Response
8. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
9. The applicant /permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification.
10. 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.
Spartan Investing, LLC
Attn: Stephen Michael Ray
DWQ Project # 2010 0506 V2
March 19, 2013
Page 4 of 4
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 in the Central Office in Raleigh at
919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306.
Sinc rely,
Charles Wakild, P.E.
ivision of Water quality
Attachments
Enclosures: GC3890
Certificate of Completion
cc: David Bailey - USACE Wilmington Regulatory Field Office
Karen Higgins - DWQ 401 Unit
Stephen Rynas - DCM Morehead City
WiRO
75 FEET SOUTH OF
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QUEENS CREEK ROBERT F. YOUNGBLOOD CONSTRUCTION CO,INC
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_OW COUNTY, N.C. ATLANTIC BEACH, NC 28512
PH ❑NE 252 -247 -4326
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