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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 R/W AT STATION 1 +00 PLAN VIEW 1 " =50' IMPACT AREA #1 WITH POND #1 WETLAND IMPACT AREA #1 278 SF ABOVE CONTOUR LINE 7 TO BE FILLED PLUS 2472 SF BELOW CONTOUR LINE 7 WHICH WILL BECOME POND AT ELEVATION 6.8'+ HEADWATER O� �O`' 2472 SF AREA OF P,19p POND TO RF :o. . \ nPQ c� RES P , SF PREA E -i�NO TO W aOPOSE� vV AL�- v �OweFt K OF lv 8PG livil rev 1 lAmrA 41 75 FEET SOUTH OF R/W AT STATION 1 +00 �� FILL SOUTH SI E OF WALL TO HELP WASHING AW SOIL ^. e 0 z 0; LD J Z H J 0. W H 3 �-- z cl� CO Li Lo ID = co ii o Ld N z�- a- F- � W �--i v' 3 wz p a- PROFILE VIEW HOR 170NITA i 0,--% A ! 6m _wee am z H Li PLAN VIEW 111=50' SOUTH OF AND ON R/W AT STATION 1 +00 I M PACT AREA #2 / RGe 1 I • I 20 LF 24 "CMP TO ��\� / / BE REPLACED G LL 0 Qz°ww PROPOSED 85'O �0 V ��� RETAINI , N m 2472 SF AREA OF - CO POND TO BE n/ Z FLOODED `� IMPACT AREA #2 SOUTH OF AND ON R/W AT STATION 1 +00 w Z U 85' r ILLANOR TI'n* 31 DE OF-WALL-TO HELP- PREVENT EROSION F ROM WASHING AWAY SOIL w� w qQ w A Q qO 0 CL U �� L3 ,zi J LL. 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Om 00. , z � 'm Wo co�W f-Z W >0... wiry ?aZZ- qN F� 2 10 5 L .AND SURVEYING, PA A -cam �� 2� C> ui f'i 0 O O ? t + -+. + O w a t9 rg`� A6/ 3 C �9 r V N L k =45' + -:e9� _ NAG cn ,\ c cn Q s� O 0 M NI ,- 10 i III V o O 0 `. W Z + + + 4 - M r! ) N ' ui 200' VC a- o x c� CONSTRUCTION CD, INC OWNER / QUEENS CREEK ROBERT F. YOUNGBLOOD CONSTRUCTION CO,INC =CTION 7A P.O. BOY 398 _OW COUNTY, N.C. ATLANTIC BEACH, NC 28512 PH ❑NE 252 -247 -4326 0 z 0 aq 0 �O pe V --t W O M c; lcj)�e oO � Z d" G_ N O <o M -n -�— i LL W 0 O LLI O p O a Lo o + + `� + d- to N Y V Lf) mU VERTICAL SCALE: HnPl7nNlTIAI ,;CA