20071732 Ver 1_No Written Concurrence_20071126

F WArF
RO Michael F. Easley, Governor
William G. Ross Jr., Secretary
r' North Carolina Department of Environment and Natural Resources
--1
Q Coleen H. Sullins, Director
Division of Water Quality
November 26, 2007
Brunswick County
DWQ Project #: 071732
Goose Creek Partners, LLC
Attn: Glenn Futrell
150 Towerview Court
Cary, NC 27513
Subject Property: Glen Kirk Subdivision
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Futrell:
You have our approval, in accordance with the attached conditions; to permanently impact 0.30 acres
of wetlands and to temporarily impact 0.02 acres of wetlands for construction of a residential
subdivision on the subject property described in your application revision received by DWQ on
October 11, 2007. After reviewing your application, we have decided this fill is below the threshold
for written authorization as long as all conditions of General Water Quality Certification Numbers
3631 and 3634 are met. This certification may also be viewed on our website at
http://h2o.enr.state.ne.us/ncwetlands. This Certification allows you to use Nationwide Permits 29
and 33 when issued by the US Army Corps of Engineers.
This approval is only valid 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 wetland fills for this project (now or in
the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires
or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
2. A recorded copy of the deed restrictions 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.
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map approved by the US Army
Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be
maintained on each lot until the lot is sold.
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwaterouality ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
N'onrthCarolina
Naturally
Customer Service
1-877-623-6748
2
Glen Kirk Subdivision
Brunswick County
2007-1732
4. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life
unless it can be shown to DWQ that providing passage would be impractical. Design and
placement of culverts including open bottom or bottomless arch culverts and other
structures including temporary erosion control measures shall not be conducted in a manner
that may result in aggradation, degradation or significant changes in hydrology of wetlands
or stream beds or banks, adjacent to or upstream and downstream of the above structures.
The applicant is required to provide evidence that the equilibrium shall be maintained if
requested to do so in writing by DWQ. Additionally, when roadways, causeways or other
fill projects are constructed across FEMA-designated floodways or wetlands, openings such
as culverts or bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in aggradation, degradation or
significant changes in hydrology of streams or wetlands.
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation, and operation & maintenance of Best
Management Practices.
6. 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.
7. 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.
8. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
No Sediment and Erosion Control Measures in Wetlands - 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 or locally delegated program has released the project.
10. Construction Stormwater Permit NCGO10000 - Upon the approval of an Erosion and
Sedimentation Control Plan issued by the Division of Land 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 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
maybe found at http://h2o.enr.state.ne.us/su/Fonns Documents.htm.
11. Sewer Systems - The project shall comply with 15A NCAC 2T.0100 and all other State,
Federal and local sewer system regulations.
Violations of any condition herein set forth may result in revocation of this Certification and may
3
Glen Kirk Subdivision
Brunswick County
2007-1732
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions and the General Certifications are made conditions of the Federal 404 and/or coastal
Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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
cert ification 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 at (919)-715-1786 or Chad
Coburn at our Wilmington Regional Office at [phone].
Sincerely,
aw? gatt_
Chad Coburn
Senior Environmental Specialist
Enclosures GC 3631 & GC 3634
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890 Wilmington, NC 28402
Troy Beasley - Withers & Revenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC,
28403
Central Files
WiRO