HomeMy WebLinkAbout20070997 Ver 2_Approval Letter_20080506Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 6, 2008
Legend Builders
Attn: Kenny Eason
400 Carl Street
Suite 202
Wilmington, NC 28403
DWQ Project # 07 0997V2
Pender County
Subject Property: Hoover Road Subdivision
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Eason:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.49 acres of jurisdictional wetlands for the purpose of constructing subdivision roads, as described
within your application dated February 14, 2008 and received by the Wilmington Regional office (WiRO)
on February 26, 2008. Additional information was received on April 1, 2008 and April 8, 2008. After
reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit 29
when issued by the US Army Corps of Engineers (USACE). 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.
The Additional Conditions of the Certification are:
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:
Amount Approved (Units) Plan Location or Reference
Stream N/A (linear feet)
404/401 Wetland
impacts 0.49 acres
(See attached drawings) Exhibit 1
Wetland impacts Overall site
No e hCarolina
,Naturrr!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ncwaterquali!y.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Legend Builders
Attn: Kenny Eason
DWQ # 07-0997 V2
May 6, 2008
2. Sedimentation and Erosion Control
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. 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. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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
proj ect.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of band
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ 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 boy 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 http://h2o.enrltate.nc.us/su/Forms Documents.htm.
Page Three
Legend Builders
Attn: Kenny Eason
DWQ # 07-0997 V2
May 6, 2008
6. Deed Notifications and/or Restrictions
A recorded copy of the deed notifications/restrictive covenants or easements and the
associated preservation map approved by the US Army Corps of Engineers Wilmington
Regulatory Office must be submitted to this Office and to the 401 Oversight and Express Unit in
Raleigh before the impacts to wetlands and the stream approved by this Certification can take
place.
7. 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 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 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.
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 Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sin ely,
11&,,?
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: Attachments
GC 3705
Certificate of Completion
cc: Amanda Kolb - SEGi
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Ronnie Smith - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Central Files
WiRO
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3. BEGIN ENTRANCE.
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4 EARING AND GRUBBING THE SITE AS NEEDED.
, BEGIN INSTALLATION OF STORM DRAINAGE AND UNDERGROUND
UTILITIES
MONITOR SITE AND EROSION CONTROL MEASURES. E ADDITIONAL MEASURES
TO BE INSTALLED TO PREVENT SEDIMENT FROM
G, ONCE UNDERGROUND DRAINAGE AND UTiLITES AREINI PLACO TION SIY HAVE
SITE TO FINISHED SUBGRADE AND PR BRING
EP FOR
ENGINEER AS NEEDED TO ENSURE PROPER STONE AND PAVING. CONSULT GEOTECHNICAL
SUBGRADE AND BUILDING PAD. PROOF-Raft MAY BE REaUIRED.HED FOR
7. INSTALL STONE BASE AND COMPLETE PAVING COMPACTION IS REAC PARkING
B, PROPERTY MAINTAIN ALL EROSION CONTROL DEVCESTlDURINGTCONST, ETC
P PROVIDE E TEMPORARY SEEDING OF E RUCTION.
I O- PERM TE.k DISTURBED AREAS WITHIN If
OF FINISHED SEED AND MULCH ALL DISTURBED AREAS DAYS OF GRACiLNG.
GRADES. WITHIN 30 DAYS, OF ESTABLISHMENT
17, MAINTAIN EROSION CONTROL DEVICES UNTIL PERMANENT GROUND COVER I
12, ONCE PERMANENT COVER ESTABLISHED, REMOVE ERASION CC7NTR
STABILIZE THESE AREAS 5 ESTABLISHED.
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