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Home My WebLink About20131050 Ver 1_Approval Letter_20131002lr&�ENR North Carolina Department of Environment and Natural Resources Division of Water Resources _ Water Quality Programs _ Pat McCrory _ Thomas A. Reeder John E. Skvalia, III Govemor Director Secretary October 2, 2013 BRC Wilmington, LLC Mr. Jim Grdich 5286 Samet Drive; Suite 105 High Point NC 27265 New Hanover County -- DWR- rojeet #: 1-3=1-050- -- - Subject Property: 315 Covil Avenue Multi - Family – Wilmington Approval of IWGP100000 with Additional Conditions Dear Mr. Grdich, You have our approval, in accordance with the attached conditions to permanently impact 0.58 acres of non -404 isolated wetlands in order to construct a residential subdivision with associated infrastructure as described in your application received by the N.C. Division of Water Resources (DWR) on September 30, 2013. After reviewing your application, we have decided that the impacts are covered by the State General Permit for impacts to Isolated and other Non -404 Jurisdictional Wetlands and Waters (IWGP100000). This Certification can also be found on line at: hqp://portal.ncdenr.org/web/wg/smT/ws/40 I /certsandpermits. 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 IWGP100000 Permit on March 18, 2017. 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, Stommater— Compliance and Permitting (Wetucape) Unit te 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Caroll ocaUon: 512 N. 1 F St 9le h, North C9rohna 27604 llra!!r� Phone 919-807-6300 1 FAX 919-807-6494 1 Customer Service: 1-877-623-6748 Internet www.nowaterqualq.org 2 315 Covil Avenue Multi- Family New Hanover County 2013 -1050 The Additional Conditions of the Certification are: --- - - - --I. No-Waste,- Spoil, - Solids, -or Fill -of Any- Kind----- ------ - - - - -- -- - -- -- - - -- --No waste, spoil, solids, -or -fill of any kind -shall occur in wetlands,— wateis, 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, Minerals, 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 hU://portal.ncdenr.org!web/w A/ws/su/construction 3 315 Covil Avenue Multi- Family - New Hanover County 2013 -1050 4. Turbidity Standard - - --- - -The turbidity standard of-50NTUs-(Nephelometrie TurFd ty U itsg shall no -t-fie -- _ _ 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 IWGP100000, 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 IWGP100000 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. 4 315 Covil Avenue Multi- Family New Hanover County 2013 -1050 a This letter completes the review of the Division of Water Resources. 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 -91-0= 796= 7215.-- --------- -- - - - -- - -- -- - -- -- - Sincerely, mas A. Reeder Division of Water Resources Enclosures: IWGP 100000 Certificate of Completion cc: Troy Beasley — Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWR Project No.: County: Applicant: Project Name: Date of Issuance of Wetland Permit: ------------------------ - - - - -- --------- - - - - -- — ----- - - - - -- - - - -- - - -- - - - Certificate of Completion Upon completion of all work approved within the IWGP100000, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the IWGP100000, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the IWGP100000, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Penmittee hereby state that to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the IWGP100000, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date