HomeMy WebLinkAbout20090284 Ver 2_Approval Letter_20130816A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
August 16, 2013
Brunswick County
DWR Project #: 09- 0284v2
Soy Bean, LLC
Mr. Edwin Burnett
4028 Barnes Bluff
Southport NC 28461
Subject Property: Country Walk — Bell Swamp Tract
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Burnett,
You have our approval, in accordance with the attached conditions to permanently impact 0.0232
acres of 404 wetlands and to temporarily impact 0.0035 acres of 404 wetlands in order to construct
access roads for a residential subdivision with associated commercial parking as described in your
application received by the N.C. Division of Water Resources (DWR) on July 30, 2013 with
additional information received on August 6, 2013. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3886 (GC
3886).
This Certification can also be found on line at: hqp://portal.ncdenr.orp-/web/wg/swp/ws/40 I /certsandperrnits.
This Certification allows you to use the Nationwide Permit 14 (NW14) when issued by the U.S. 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 below.
Wetlands, Buffers, Stoonwater— Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 te Loc ation. 512 N. Salisbury St. Raleigh, North Carolina 27604 C`arol Phone: 919$07 -63001 FAX: 919 -807-64941 Customer Sennce 1- 877 -623 -6748 Kra�[ 1/
Internet: www.nowaterquaidy.org �/
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Country Walk Bell Swamp Tract
Brunswick County
2009 -0284
The Additional Conditions of the Certification are:
1. 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 Pre - construction Notification
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.
2. 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.
3. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Energy, Mining, and Land Resources ( DEMLR) or a DEMLR delegated local erosion
and sedimentation control program, a NPDES General stormwater permit (NCGO10000)
administered by DEMLR 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
bqp://vortal.ncdenr.orgLweb/wg/ws/su/construction
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Country Walk Bell Swamp Tract
Brunswick County
2009 -0284
4. Turbidity Standard
The turbidity standard of 50 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.
5. 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 Resources, 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 Permit.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com or call (919) 431 -3000 for information. Within sixty (60) calendar days
of receipt of this Certification, you must file the petition with the Office of Administrative
Hearings. A petition is considered filed when the original and one (1) copy is received in the
Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the Office
of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition
is received by the Office of Administrative Hearings within five (5) business days following the
faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
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Country Walk Bell Swamp Tract
Brunswick County
2009 -0284
This letter completes the review of the Division of Water Resources 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 -6301 or Chad Coburn in the DWR Wilmington Regional Office at
910 - 796 -7215.
Sincerely,
Thomas A. Reeder
Division of Water Resources
Enclosures: GC 3886
Certificate of Completion
cc: Dana Lutheran — Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Emily Hughes — US ACE Wilmington Field Office
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO