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Home My WebLink About20090692 Ver 2_Approval Letter_20130725N WMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Acting Director Secretary July 25, 2013 Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw 1031 S. Caldwell Street, STE 220 Charlotte, NC 28203 DWQ # 09 0692 V2 Onslow County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Topsail Bluff Subdivision Dear Mr. Shaw: You have our approval for the impacts listed below for the purpose described in your application dated June 26, 2013, received by the Division of Water Quality (Division) July 23, 2013. These impacts are covered by the enclosed Water Quality General Certification Number 3890 (GC3890) and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the General Certification are met. No other impacts are approved, including incidental impacts. W&hVW Rsgio W office 127 CM&W Dfm ftm= 61 hnn9t a, Oita C RTM n405 Phow.910- 79.72151 FAX 910- 350- MM%DEMAsMstr e.1- W42W48 Irk warouaM&M-64"g An Egid 0XVft4AAftrdWAdW Emplcqv -50% %19%FWd One Carolina aturallY Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw DWQ Project # 090692 V2 July 25, 2013 Page 2 of 6 Type of Impact Amount Approved Amount Approved Plan Location (units) (units) Or Reference Permanent Temporary Stream 53 linear feet N/A linear feet Sheet WET3 404/401 Wetlands N/A acres IIW%1 * VJ002(acres Sheet WET1 W2 0.028 acres Sheet WET2 W3 0.042 acres Sheet WET3 W4 0.016 acres Sheet WET3 W5 0.049 acres Sheet WET3 Total impacts 0.137 acres *Previously Permitted Coastal Wetlands N/A acres N/A acres Open Waters N/A acres N/A acres 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) /Permit /Authorization and is responsible for complying with all conditions. 3. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0211. 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 4. Wetland Boundary Identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained until the project is completed. If- Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw DWQ Project # 090692 V2 July 25, 2013 Page 3 of 6 S. Any final construction plans for this proilect must include or reference the application and plans approved by the Division under this authorization letter and certification. It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent. 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. Documentationwia'letter ,,or a -mail must!be- provided to-the Division _prior to the :start of construction.confirmingthat fhe:construction.drawings.are :consistent with the permitted .drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to working in wetlands. 6. 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 7. 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. 8. 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. Fose properties, LLC shall require its 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. rA,copy:of.this (Certification shall,beIndluded °in thet congtructionwntract and <available.onthe job !site,at(ail`times. 9. You may be required to provide an as -built survey (either elevation shots or cross - sections), certified by a licensed, professional land surveyor, of the impact area if Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw DWQ Project # 090692 V2 July 25, 2013 Page 4 of 6 requested by the Division to demonstrate the impacts to wetlands are within the permitted quantities. 10. 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.ore / doh /operations /BMP manual /download /BMP Manual.pdf) 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 7thall be. allowed- g_only to receive flows lexceedin - ban k -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. [ Fieldadjustmentscof`thecculvert placements imay [be .necessar�ytto ccorrectly?instail ithe ccdlverts. 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, A IC. Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw DWQ Project # 090692 V2 July 25, 2013 Page 5 of 6 11. 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. 12. 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htta: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Topsail Bluff, LLC Attn: Mr. Bartow L. Shaw DWQ Project # 090692 V2 July 25, 2013 Page 6 of 6 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 2H .0500. Please contact Joanne Steenhuis at 910.796.7306 or a oanne.steenhuis @ ncdenr.eov if you have any questions or concerns. Sincerely, James . Gregson Regional Supervisor DWQ Wilmington Regional Office Enclosures: GC 3890 Certificate of Completion cc: Ken Johnson — Charles Riggs & Associates, Inc. — electronic copy Dave Timpy - USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ Webscape Unit WiRO J !► ��_ � � :11,,3 t NOW OR CECI e3 VAFE MARY %. PARKE D.B. 520, P. 16 M.B. 14, P. 77 _ J LEGEND 31 = HOUSE (TYPICAL) CC = CONTROL CORNER ECM - EXISTING CONCRETE MONUMENT (FOUNDXCC) EIP - EXISTING IRON PIPE (FOUND) EIR = EXISTING IRON ROD (FOUND) BAN - EXISTING MAGNETIC NAIL (FOUNDXCC) EPK - EXISTING PARKER -KALON NAIL (FOUNDXCC) ERRS - EXISTING RAILROAD SPICE (FOUND) MBL - MINIMUM BUILDING LINE NMP - NON MONUMENTED POINT R/W = RIGHT OF WAY SCM = SET CONCRETE MONUMENT (CONTROL CORNER) SIP = SET IRON PIPE SIR = SET IRON ROD SMN = SET MAGNETIC NAIL (CONTROL CORNER) SPK = SET PARKER -KALON NAIL (CONTROL CORNER) S.T. - SIGHT TRIANGLE 10' X 70' - CENTERLINE OWNERS TOPSAIL BLUFF, LLC TITLE SOURCE D.B. 3165, P. 165 D.B. 3758, P. 575 D.B. 3781, P. 236 TAX D 761 -37 761 -35.2 INTERMITTENT STREAM IMPACTS #1 WETLAND 53LF IMPACTS #2 EXISTING STREAM MEANDERS IN 1234 SF AREA OF PROPOSED R /Wj STREAM START IS OFF -SITE WETLAND IMPACTS #3 PROPOSED ALDERMAN LANDING ROAD 1820 SF 50' R/W (20' ASPHALT- PUBLIC) \Ott GD ��N�Y'C♦T 5 gP S F cJ .po 00'90 TY Is THIS IS TO IN FLOOD ZONES�;"6; ELe8.0+2) VRDCH 'Y' 6 NIT "M _AF" IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NA71ONAL FLOOD INSURANCE PROGRAM. COMMUNITY 703340 3 X25 NOVEMBER 3. 2005 370340 3720428700J, NOVEMBER 3. 2005 404 WETLANDS HAVE BEEN VERIFIED BY THE DAVID BAB" OF THE U.S.A.C.E NORMAL HIGH WATER AS DETERMINED BY CHARLES F. RIGGS. P.L.S. L -2981, UTILIZING RANDOM NORMAL HUGH WATER LINE LOCATIONS AS RAGGED OR DETERMINED BY JON GOES. DIVISION OF COASTAL MANAGEMENT, STATE OF NORTH CAROLINA ELEVATIONS ARE RELATIVE TO NAVD88 IMPACT SUMMARY: INTERMITTENT STREAM = 53 LF WETLAND IMPACTS 1 (PREVIOUSLY PERMITTED) = 0.002 ACRES 2 = 0.028 ACRES 3 = 0.042 ACRES 4 = 0.016 ACRES 5 = 0.049 ACRES TOTAL = 0.137 ACRES 300 O WETLAND MPACTS #5 WETLAND IMPACTS #1 I WETLAND 2153 SF 96 SF IMPACTS #4 PREVIOUSLY PERMITTED 697 SF UNDER CAMA PERMIT COASTAL �� 50' 39 l BUF�� Y \ ,````%UIIIIIIf" "if, 13� .�` %��N C'�O O ' � q i = QUO SEAL cl r L -4925 GRAPHIC SCALE 150 300 800 ( IN FEED ) 1 inch = 300 fL STREAM - SURVEYED i Q NHW LINE LINE J W O Q w 0 a N W F LOLL I LL �00 IL°aN OQY�Q r Z U v�3 k V) o NATER PLAN DESIGN BY KEITH P. BULLA, P.E. P.E. 10724 4710NWY1nSOUTH TEACHEY. NC 28464 (010) 352- M GO J J ul U_ J CO J a O H a p !i � IL >Oz aW co :3 ° 06 ILLWMo °6_ Z Jwaw Co Maio "N W 475° J Sao W O WET1 WATEALDNE FIRE HYDRANT ASSEMBLY -� WATER SERVICE WITH METER P° ►� GATE VALVE AND BOX REDUCER/ INCREASER —�- —1T►�. WATER BLOW OFF ASSEMBLY —�-- —�- MAJOR CONTOUR n — - — MINOR CONTOUR .mm SPOT ELEVATION ROAD CENTERLINE RIGHT- OF-WAY — EASEMENT - — — - SETRAOC APPRWm/ATE FLOOD ZONE - - - - - - - - - 404 WETLANDS w� - 50' STORMWATER BUFFER COASTAL WETLANDS = NORMAL HIGH WATER mmuovm FOREHAY/LEVEL SPREADER p /VEGETATED FILTER STRIP INTERMITTENT STREAM J Q START AS DELINEATED BY JOANNE STEENHUIS ON JANUARY 16, 2013 OWNERS TOPSAIL BLUFF, LLC TITLE SOURCE D.B. 3165, P. 165 D.B. 3758, P. 575 D.B. 3781, P. 236 TAX D 761 -37 761 -35.2 INTERMITTENT STREAM IMPACTS #1 WETLAND 53LF IMPACTS #2 EXISTING STREAM MEANDERS IN 1234 SF AREA OF PROPOSED R /Wj STREAM START IS OFF -SITE WETLAND IMPACTS #3 PROPOSED ALDERMAN LANDING ROAD 1820 SF 50' R/W (20' ASPHALT- PUBLIC) \Ott GD ��N�Y'C♦T 5 gP S F cJ .po 00'90 TY Is THIS IS TO IN FLOOD ZONES�;"6; ELe8.0+2) VRDCH 'Y' 6 NIT "M _AF" IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NA71ONAL FLOOD INSURANCE PROGRAM. COMMUNITY 703340 3 X25 NOVEMBER 3. 2005 370340 3720428700J, NOVEMBER 3. 2005 404 WETLANDS HAVE BEEN VERIFIED BY THE DAVID BAB" OF THE U.S.A.C.E NORMAL HIGH WATER AS DETERMINED BY CHARLES F. RIGGS. P.L.S. L -2981, UTILIZING RANDOM NORMAL HUGH WATER LINE LOCATIONS AS RAGGED OR DETERMINED BY JON GOES. DIVISION OF COASTAL MANAGEMENT, STATE OF NORTH CAROLINA ELEVATIONS ARE RELATIVE TO NAVD88 IMPACT SUMMARY: INTERMITTENT STREAM = 53 LF WETLAND IMPACTS 1 (PREVIOUSLY PERMITTED) = 0.002 ACRES 2 = 0.028 ACRES 3 = 0.042 ACRES 4 = 0.016 ACRES 5 = 0.049 ACRES TOTAL = 0.137 ACRES 300 O WETLAND MPACTS #5 WETLAND IMPACTS #1 I WETLAND 2153 SF 96 SF IMPACTS #4 PREVIOUSLY PERMITTED 697 SF UNDER CAMA PERMIT COASTAL �� 50' 39 l BUF�� Y \ ,````%UIIIIIIf" "if, 13� .�` %��N C'�O O ' � q i = QUO SEAL cl r L -4925 GRAPHIC SCALE 150 300 800 ( IN FEED ) 1 inch = 300 fL STREAM - SURVEYED i Q NHW LINE LINE J W O Q w 0 a N W F LOLL I LL �00 IL°aN OQY�Q r Z U v�3 k V) o NATER PLAN DESIGN BY KEITH P. BULLA, P.E. P.E. 10724 4710NWY1nSOUTH TEACHEY. NC 28464 (010) 352- M GO J J ul U_ J CO J a O H a p !i � IL >Oz aW co :3 ° 06 ILLWMo °6_ Z Jwaw Co Maio "N W 475° J Sao W O WET1 10 0 37 EX�NSION OF PROPOSED %0070-37 pNED GUS HORNE ROAD ASH R p BUC) 60' R/W (PROPOSED 20 3 LZ ASP NOW OR FORMERLY D.B. MILLIS 439, P. 14 ten► m RA S45.45'07'E 258.04' _ Nu . ; 1 STA 1 +27 TO 9 +0 11111101111111111 1144* -'8 +00 EP NOR D STA 1 +27 7 TO TO t cp >le� was, 4' • • sr / INV Deb P44' ' INV Mal NOW OR FORMERLY CREECH /PLAN VIEW GRAPMC SCAiB D B, 132, P. 78 -. 1��lp 8t C G L 5 +50 6 +00 6 +50 PROFILE VIEW HORIZONTAL: SCALE 1 " =50' VERTICAL: SCALE 1 " =5' 7 +00 7 +50 ^� % \ FILL R CUT 0 s CAR04 I� Q SEAL r L -4925 ' F O ' E. 1 X112 D/3 SEE SEPARATE NCDOT CONCRETE ENDWALL FOR SINGLE AND DOUBLE PIPE CULVERTS (DETAIL 838.01 SHEETS 1 TO 3) FOR DIMENSIONS AND CONSTRUCTION NOTES • 1, �- • • « r 1113 .:�•�( .tin•;, CLASS B RIP RAP BOTTOM OF STREAM /DRAIN 7. ti •- ra . INTERMITTENT STREAM START AS DELINEATED BY JOANNE STEENHUIS ON JANUARY 16, 2013 VARIES 8' 10' 10' 8' VARIES OWNERS 1/4,/� 1�4 =� '1_y TOPSAIL BLUFF, LLC TITLE SOURCE ' D.B. 3165, P. 165 D.B. 3758, P. 575 D.B. 3781, P. 236 TAX ID TYPICAL SECTION OF TWO LANE ROADWAY 761 -35.2 NO SWALES AND NO CURB & GUTTER_ NOT TO SCALE NATER PLAN DESIGN BY KEITH P. BULLA, P.E. P.E. 1024 MG HWY 117 SOUTH TEACHEY, NC 28484 (910) 352-4854 8 OilS � v a r� U J J LL LL J m J a O Q 55 04 � �� co Cl UW: Q m:� M � ggi j3 -i s g J,9� WZo ova WET2 i ILI 30 PROPOSED GRADE —0,3 XISTING GRADE 25 W w 2' MIN 20 CU VERT C STA 6 +82 G S HORNE 18' RCP W/ ES1 40LF a: INV INS 4.1' (NE) INV OUTI 2 3.4' (SW) � Q 15 > W r7 r cn M O OR t\ N v7 ca - tG o0 0 00 ao O� a0 sf O M 0o n M ►� M r- N . r- =a_ r-� > 0 N t\n �r-z N N N N c6rz v7P�: N N N N 4ri 4 N N N N uiri Lri� N N N N N 1 0- 5 +50 6 +00 6 +50 PROFILE VIEW HORIZONTAL: SCALE 1 " =50' VERTICAL: SCALE 1 " =5' 7 +00 7 +50 ^� % \ FILL R CUT 0 s CAR04 I� Q SEAL r L -4925 ' F O ' E. 1 X112 D/3 SEE SEPARATE NCDOT CONCRETE ENDWALL FOR SINGLE AND DOUBLE PIPE CULVERTS (DETAIL 838.01 SHEETS 1 TO 3) FOR DIMENSIONS AND CONSTRUCTION NOTES • 1, �- • • « r 1113 .:�•�( .tin•;, CLASS B RIP RAP BOTTOM OF STREAM /DRAIN 7. ti •- ra . INTERMITTENT STREAM START AS DELINEATED BY JOANNE STEENHUIS ON JANUARY 16, 2013 VARIES 8' 10' 10' 8' VARIES OWNERS 1/4,/� 1�4 =� '1_y TOPSAIL BLUFF, LLC TITLE SOURCE ' D.B. 3165, P. 165 D.B. 3758, P. 575 D.B. 3781, P. 236 TAX ID TYPICAL SECTION OF TWO LANE ROADWAY 761 -35.2 NO SWALES AND NO CURB & GUTTER_ NOT TO SCALE NATER PLAN DESIGN BY KEITH P. BULLA, P.E. P.E. 1024 MG HWY 117 SOUTH TEACHEY, NC 28484 (910) 352-4854 8 OilS � v a r� U J J LL LL J m J a O Q 55 04 � �� co Cl UW: Q m:� M � ggi j3 -i s g J,9� WZo ova WET2 i ILI