HomeMy WebLinkAbout20070863 Ver 1_Approval Letter_20070807~QF w H rF9P Michael F. Easley, Governor
~Q G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Coleen H. Sullins, Director
Division of Water Quality
August 7, 2007
DWQ Project # 07-0863
New Hanover County
Mr. Howard Penton
Penton Properties
6435Shinnwood Road
Wilmington, NC 28409
Subject Property: Exton Park Townhomes
Ut to Prince George Creek [030623, 18-74-53, C, SW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear 1VIr. Penton:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.384 acres of 404/wetland (0.008 acres permanent impact,
0.376 acres temporary impact) and 0.053 acres Waters of the U.S., as described in your
application dated May 16, 2007, and received by the Division of Water Quality (DWQ) on May
17, 2007, with additional information received from you on May 30, 2007, and July 30, 2007, to
construct the proposed multi-family, residential development proposed residential development
at the site. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3625 (GC3625) and 3631 (GC3631). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW 18, respectively, when
issued by the US Army Corps of Engineers (USAGE). 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, and Non-
discharge 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 or CAMA 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 1501inear 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
Noe Carolina
401 Oversight/Express Review Permitting Unit ~t1(1Y1~r'lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Penton Properties
Page 2 of 4
August 7, 2007
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:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.384 [(acres) 0.008 acres permanent impact, 0.376
acres tem ora im act] PCN page 6 of 12
O en Waters (ditches) 0.053 (acres PCN a e 7 of 12
2. 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. 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.
3. 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 in order to protect surface waters standards:
a. The 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. The 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60
days of the issuance of the 401 Water Quality Certification. The stormwater management
plans shall be approved in writing by this Office before the impacts specified in this
Certification occur per Condition No. 6 in GC No.-3627. You have the option of using
Penton Properties
Page 3 of 4
August 7, 2007
the Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan. The
stormwater management plan must include construction plans, specifications, stormwater
BMP worksheets, and supporting calculations. The stormwater best management
practices are required to be appropriate for the surface water classification and designed
to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to
treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity.. No changes to the structural
stormwater practices shall be made without written authorization from the Division of
Water Quality.
V~here a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required,
this permit may be considered to meet this condition.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities;
8. 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 Oversight/Express Review
Permitting 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
Penton Properties
Page 4 of 4
August 7, 2007
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 do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 Cyndi Karoly or Ian McMillan at 919-
733-1786. ,~
CHS/ijm
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Enclosures: GC3625 and GC3631
Certificate of Completion
cc: Joanne Steenhuis, DWQ Wilmington Regional Office
USAGE Wilmington Regulatory Field Office
DLR Wilmington Regional Office
File Copy
Central Files
Doug Huggett, DCM
Mike Street, P.O. Box 769, Morehead City, NC 27557
Angie Pennock, Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Filename: 070863 ExtonParkTownhomes(NewHanover)401
Coleen H. Sullins, Director
Division of Water Quality
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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,
used in the observation of the
compliance and intent of the 401
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 401 Water Quality Certification and Buffer Rules, 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 Permiee 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 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date