HomeMy WebLinkAbout20131097 Ver 1_Approval Letter_20131015RCDENR
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
October 15, 2013
New Hanover County
DWR Project #: 13 -1097
Progress Builders, LLC
Mr. Brett Callaghan
709 North Main Street
Aynor SC 29511
Subject Property: 316 Marlboro Street — Wilmington
Approval of IWGP100000 with Additional Conditions
Dear Mr. Callaghan,
You have our approval, in accordance with the attached conditions to permanently impact 0.17 acres
of non -404 isolated wetlands in order to construct a multi- family apartment complex with associated
infrastructure as described in your application received by the N.C. Division of Water Resources
(DWR) on October 11, 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 /wq /swp /ws /401 /c.ertsandpermits.
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. This approval requires you to follow
the conditions listed in the attached certification and any additional conditions listed below.
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location. 512 N. Salisbury St. Raleigh, North Carolina 27604 Natmally
Phone. 919.807 -63001 FAX 919-807-64941 Customer Service 1- 877 -623.6748
Internet. www ncwaterqualdy org
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316 Marlboro Street Multi - Family
New Hanover County
2013 -1097
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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, 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
hqp://vortal.ncdenr.orp,/web/Wg/ws/su/constructiori
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316 Marlboro Street Maki- Family
New Hanover County
2013 -1097
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 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.
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316 Marlboro Street Multi - Family
New Hanover County
2013 -1097
11-14
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 910- 796 -7215.
Sincerely,
kk G_A�
/�- MTh as A. Reeder
`� Division of Water Resources
Enclosures: IWGP 100000
Certificate of Completion
cc: Dana Lutheran — Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
Certification of Completion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
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 Certif ed 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 Permittee 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