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HomeMy WebLinkAbout20141255 Ver 1_Approval Letter_20150116Alot"'V NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 16, 2015 Clearly Development, Inc. Attn: Anthony Sycles, President 100 Carolina Plantations Blvd. Jacksonville, NC 28546 Donald R. van der Vaart Secretary Subject Property: Stones Landing, Section I at Onslow Bay, Jacksonville APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dear Mr. Sycles: DWR # 14 1255 Onslow County You have our approval, in accordance with the attached conditions and those listed below to permanently impact approximately 0.03 acres of wetlands and 117 linear feet of stream impacts as described in your pre-construction (PCN) application dated December 3, 2014 and received by the Division of Water Resources (Division) on December 5, 2014 and subsequent information received on January 8, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 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. 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, Water Supply Watershed, 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 requires you to follow the conditions listed in the enclosed certification (s) or general permit and the following additional conditions: 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: w%vw.ncdenr,gov An Equal Opportunity k Affirmative Action Employer- Made in part by recycled paper Clearly Development, Inc. Attn: Anthony Sydes, President DWR Project # 20141255 January 16, 2015 Page 2of6 1. Impacts Approved 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: [15A NCAC 02H .0501 and .0502] 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 Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 3. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. 4. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. Continuing Compliance: 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. [15A NCAC 02H .0507(d)] 6. Sediment and Erosion Control Measures Amount Approved (Units) Plan Location or Reference Stream 117 (feet) Wetland Impact map Sheet 1 & 2 of 2 (attached) 404/401 Wetlands Permanent Temporary Wetlands Impact map Sheet W1 (0.03 ac) 1& 2 of 2 (attached) 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 Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 3. This General Certification shall expire on the same day as the expiration date of the corresponding General 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. 4. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. Continuing Compliance: 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. [15A NCAC 02H .0507(d)] 6. Sediment and Erosion Control Measures Clearly Development, Inc. Attn: Anthony Sydes, President DWR Project !# 20141255 January 16, 2015 Page 3 of 6 Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/or sedimentation. The silt fences shall be installed in accordance to plan and the side cast from the trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that is to be left undisturbed. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H..0506 (b)(3) and (c)(3)] 7. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 28..0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. [15A NCAC 02B .200] Please notify this Office if any turbidity issues arise at 910.796.7215 8. Wetland Boundary Identification/Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of thy econstruction area on the project site shall be clearly marked (example — orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H. 0507 (c) 9. Culvert Installation All work in or adjacent to stream waters or wetlands shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http:lZwww.ncdot.orgl doh lop,e.ratio,n,sLB,MP- manual Ldownload 1BMP Manual. pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water or wetlands. (See also conditions #13, #16 and #17 in GC 3890) The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWR. 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 existing bank-full channel. Additional culverts shall be allowed only to receive flows exceeding bank-full. Field adjustments of the culvert placements may be necessary to correctly install the culverts. 15A NCAC 02H .0506 (b)(3) 10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. Clearly Development, Inc. Attn: Anthony Sydes, President DWR Project # 20141255 January 16, 2015 Page 4 of 6 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 Center at 1.800.424.8802, management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 028. 0200 (3)(f), and GS 143 Article 21 A] 11. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)] 12. 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. [15A NCAC 02H .506 (h)(1)] 13. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http: / /Portal.ncdenr.orgl web /wq %s+np /ws /40l certsandperrnits / applyLforms). [15A NCAC 02H .0506(b)(5)] 14. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 115A NCAC 02H .0502 (e)). 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 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is Clearly Development, Inc. Attn: Anthony Sycles, President DWR Project# 20141255 January 16, 2015 Page 5 of 6 considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings, The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer. Burdette@ncdenr.gov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis@ncdenr.gov. Sincerely, C9 regson, Regional �-Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Clearly Development, Inc. Attn: Anthony Sydes, President DWR Project # 20141255 January 16, 2015 Page 6 of 6 Attachments Enclosure: GC 3890 cc: Tim Stewart — Parker and Associates — electronic copy Jonathan Howell — DCM Morehead City — electronic copy Brad Shaver— USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette — DWR -401 Wetlands & Buffer Unit WiRO Legend: D.B - Deed Book M.B. - Map Back Pg. - Page R/W - Right-of-way Typ. - Typical wetlands 46 1; r I i No cwew w VICINITY SKETCH NOT TO SCALE a ops, car d crossing: initial disturbance of this area shall be limited to only that area minimally to allow passage of construction equipment to prepare for the installation of the cussing Keaute upland construction on the opposing side of the crossing Clearing, grubbing or 'urbane of the subject area shall not be performed until all equipment, water, sewer, storm I erosion and sediment control materials or devices sufficient to substantially complete the tion and stabilization of the crossing are staged or stockpiled at the location. Due otron shall be given to impending inclement weather conditions that may adversely he completion of the crossing in the shortest time practicable h clearing limas per approved plans. Clear and grub wetlands area as needed. Immediately It fence at the wetlands line, and along existing creek top of bank. Install erosion control ong ditch banks. Do not clear or disturb any unpermitted areas. traction of the crossing shall commence in the wetlands until all materials needed for the are staged on site. nsrble, work in the wetlands shall be done during periods of dry weather the wetlands shall be completed in the minimum time necessary. or shall install temporary sand bags and/or sheet pilings in the stream prior to construction and rater as needed via a pump around. Pump around shall discharge into a rip rap lined basin or a bag to keep sediment out of stream. xcavation, stockpile the top 12% of topsoil, and reuse topsoil as the top layer of soil when 9• .ewer then storm drain pipe, then water pipe. Backfill, compact and regrade grade area to contours. ilt fence at top of ditch bank and at wetlands line to prevent erosion. nstallotion of sewer, temporary impact areas shall be restored to original grade, (ditch to be I to original width and depth), with natural soils, then seeded with annual seed, and matted to ie. nd or stream areas are disturbed, outside of the impact areas, they shall be regraded to :ontours using topsoil for the top layer, and the stream banks shall be seeded, with annual en lend with high velocity excelsior matting then staked with live willow stakes at 3' on o stabilize the banks to 5' beyond the top of bank t of design plans for additional detail. Project: Owners: Date:ll/26/1a Parker & Associates, Inc. STONES LANDING, SECTION I scale` 10=300' Consulting Engineers — Land Surveyors — Land Planners tK � Clearly Development, Inc. Field book N/A P.O. Box 978 — 28541-0078 AT ONSLOW BAY File Name: SL -Wetland Impact dw9 BOB New Bridge Street — 28540 100 Carolina Plantations Boulevard Disk Nome: ACAD #2510 Jacksonville, North Carolina Jacksonville, North Carolina 28546 Drawn: JJL Phone (910) 455-2414 — Fax (910) 455-8441 White Oak Twp., Onslow Co., North Carolina (910) 455-6956 Firm License Number: F-0108 TOB of stream Wetlands Line bank ! (TyP) I 50' ( \ I Stormwater _ Co Top /TR 50' I 35.5 Bye Inv. 32 r TR ...water 35.5 9 + v. 32 - - - � eF - ----- --- - T� A/W Headwall Top 30.8 17 L. 12 S.S. 1 Inv. In 23 3 1'± below stream bottom A = ® �deBo d rOlTttf. Ex besagn �C � of w TR of op 35.5 Inv. 32. IT, c W - Right-of-waay $ i S.S - Sanitary Sewer Sta - Station I2' PVC Water RI TOB - Top of Bank r Typ. - Typical - Flow Arrow 108 L.F. gem. 32. _ Pipe Flow Arrow 66' RCP Pipe Label ba /_ _ _..�..�.. Inv. Out 22.7 Impact Area /je 1±below stream Wetlands Impact - 0.03 Ac. / Wetlands Une c+'cam Im ct - 117 LF t -yp.) Wetlands Line TOB of stream (TYPO bank Wetlands Impact Plan View Scale, 1"=40' N CAR # p�' :Q < a' SEAL 14575 0-F1GINEEP E' •_: _ _.:3 - Wetlands of - Silt Fence -Water Line ' _.-.._.._.._.._..__ Wetlands Line Note: 1 See Notes on Sheet 1 of 2 - For Additional Information - 2. Wetlands impact area does not include stream area (top of bank to top of bank) 3. See design plans for additional ' information. Ex 12" GRAPHIC SCALE: 1"=40' 0 40 80 120 F T Legend: i Ac. - Acreage -` j- Centerline e4 C8 - Catch Basin go Elev - Elevation D alb Ex. - Existing - Inv - Invert 3' Min. Cover LF - Linear Feet / M. M.B. -MMap Book - Min. - Minimum a MH - Manhole Pg. - Page C RLP - Reinforced Concrete Pipe m IT, c W - Right-of-waay $ i S.S - Sanitary Sewer Sta - Station I2' PVC Water RI TOB - Top of Bank r Typ. - Typical - Flow Arrow 108 L.F. gem. 32. _ Pipe Flow Arrow 66' RCP Pipe Label ba /_ _ _..�..�.. Inv. Out 22.7 Impact Area /je 1±below stream Wetlands Impact - 0.03 Ac. / Wetlands Une c+'cam Im ct - 117 LF t -yp.) Wetlands Line TOB of stream (TYPO bank Wetlands Impact Plan View Scale, 1"=40' N CAR # p�' :Q < a' SEAL 14575 0-F1GINEEP E' •_: _ _.:3 - Wetlands of - Silt Fence -Water Line ' _.-.._.._.._.._..__ Wetlands Line Note: 1 See Notes on Sheet 1 of 2 - For Additional Information - 2. Wetlands impact area does not include stream area (top of bank to top of bank) 3. See design plans for additional ' information. Ex 12" GRAPHIC SCALE: 1"=40' 0 40 80 120 F T Proposed Street Profile o g o m N . m ,n m go „W (.)0.60x A (-)0.0 3' Min. Cover Proposed Street Profile Wetlands Impact Map - Impact Area - Sheet 2 of 2 Wetlands Impact Profile View Scale: Harz. 1'=40' Vert 1"=4' 3_5_____ 30 25 20 15 Project: Owners: bate: 11/26/14 - Parker & Associates, Inc. STONES LANDING, SECTION I Scale' As Noted Consulting Engineers - Land Surveyors - Land Planners �.�"+ Banff Clearly Development, Inc. Field book: N/A P.O. Boz 978 — 28541-0978 AT ONSLOW BAY File Name: SL -Wetland Impact.dw9 306 New Bridge street - 29540 100 Carolina Plantations Boulevard bask Name: ACAb #2510 - Jacksonville, North Carolina 28546 brown, JJL J10) 4nvi24 North Carolina White Oak Twp., Onslow Co., North Carolina (910) 455-6956 Phoae (icens 14 - Fax (910) 455-9441 Firm License Number: F-0108 MME 09 m___ ■VI//i%/////�%/////I%/�����������������„ i ..iii Wetlands Impact Map - Impact Area - Sheet 2 of 2 Wetlands Impact Profile View Scale: Harz. 1'=40' Vert 1"=4' 3_5_____ 30 25 20 15 Project: Owners: bate: 11/26/14 - Parker & Associates, Inc. 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