HomeMy WebLinkAbout20080910 Ver 1_Approval Letter_20080715o?0? WAr?RQG
co f
Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 15, 2008
Mildred Phillips
101 Center Drive
Hampstead, NC 28443
DWQ Project # 08 0910
Pender County
Subject Property: 846 Pinnacle Parkway, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Phillips:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.29 acres of jurisdictional wetlands for the purpose of allowing a partial pond to remain adjacent
to your house, as described within your application dated April 10, 2008 and received by the Wilmington
Regional office (WiRO) on June 3, 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 (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, 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:
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 Plan Location or Reference
(Units)
404/401 Wetland impacts
# 1 0.29 ac Figure 3 (attached)
Mailing Address Phone (919) 807-6300 Location OnrttiCarolina
1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Naturally
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newaterQuality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Two
Mildred Phillips
DWQ # 08 0910
July 15, 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.
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 project.
Deed Notifications and/or Restriction Covenants
A recorded copy of the deed notifications or the restrictive covenants or easements as
required 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 within 30 days of receiving
the 401 Certification or the 404 Permit which ever is later.
6. Wetland Monitoring for 3 to 5 years
Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse,
loss of replanted vegetation and/or removal of the hydrology of wetlands (monitoring
frequency- annual). This monitoring may be accomplished by visual inspection of the
wetland areas. The report is due by January 15 of each year.
Page Three
Mildred Phillips
DWQ # 08 0910
July 15, 2008
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.
Si rely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: Attachment
GC 3705
Certificate of Completion
cc: Ellen Cornette - Applied Resource Management, PC
Mike Harrison - Pender County Inspections Hampstead
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Brad Shaver - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Central Files
WiRO
POND AREA AND WETLAND DELINEATION
_ E ,??roGl IINFS ?O <' ??q
j , S VvJPy /
Blue Shaded
'41,
iFnp ' Total Pond and Pond \
r"+ra Spoil (0.82 Acres) q\
Q(lq
t
\^r `? Wetland Area NF "q `\ aµ?`k
Assumed Based \ \ E
On Aerial Photos ?o p ez
A[ o Delineated <• / c
\?. y n Field Outlined In Gray
\ `\\\ n (0.29 Acres) , y •? o,R .?„
POND AREA AND WETLAND IMPACT AREA
f 1i mCA(. UN S `0 2 + yFF'q .
Vill,
sir>'cr O.0?,"Y.g?.°yy?' . ?,
3?1t?e ??j pp?t??
s?? 44 Pond And, e \
and Spoil " ,..... _ QU
y r ,k Overall Pond And qa ?N
`Pond Spo11 Wetland F q \ `O q
\ Impgcf (0.64 Acres)', \?\ 4,',Wetland Area
eta 5 w ?yS.BB, / 0,
-Tz
2 y J - \\
PROPOSED POND AREA AND WETLAND MITIGATION AREA
oµ?.lE ? ?E F\'\
I
s far ry ?a ?O ??q
Proposed", , QU
Pond and Pond o \\
??? , NF?SP Spoil Boundary ?n hpR
?.N ? 'Nt'p+ g0.9p F /
''-Wetland Area
\? Flo
\ e+ Proposed To Impact <°i' eQ <
\\„\ \Nl (0.29 Acres) /c'? t /<R ti? •?.;
9 0 Ot
?\,. - \ _ \• "" VE9 ,ACA/ <'PGjp1.?
=w/00 ?? ?'r< N +? 35+W 295. Opp ,?011?' ,T1
,E
NOTE: Adapted from site/?P? Q ' ;B•B,, q• 5? ??% TNOnwsK BROOKS
MAP BOOK 25 PAGE I
survey prepared by John
??ww?
Benson, RLS, field
measurements using a /
Thales CE Mobile Mapper and
'•?^?+ Area
review of PC GIS, terrsserver,com,
googleearth.com and NCDOT aerial Photos.
TITLE: FIGURE:
Impact Area Map
lied Resource Marla clement FC
P.O, Box 8U, Hampstead, N 844 JOB: SCALE: DATE: DRAWN BY:
(910) 270-2919 FAX 270-2988 08004 1 " = 200' 4/10/08 EFC 3