20081232 Ver 1_Approval Letter_20081103

O?t?F W Ark9' Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
'C Coleen H. Sullins, Director
Division of Water Quality
November 3, 2008
DWQ Project # 08 1232
Onslow County
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
PO Box 4505
Emerald Isle, NC 28594
Subject Property: Shadow Creek Estates Subdivision, Swansboro
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.105 acres of jurisdictional wetlands and 68 linear feet of stream for the purpose of an access
road and driveway, as described within your application dated August 11, 2008, revised and dated
October 15, 2008 and additional information received by the Wilmington Regional office (WiRO) on
November 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 (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:
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:
Mailing Address Phone [phone] Location NorthCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. ?QturQ"?
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwater(luality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232
November 3, 2008
Amount Approved
(Units Plan Location or Reference
Stream 68 Linear feet Shadow Creek Estates Master
Layout supplement/impact
location ma (attached)
404/401 Wetland impacts Shadow Creek Estates Master
# 1 0.099 ac Road Crossing Layout supplement/impact
#lA 0.002 Rip Rap location map (attached)
#2 0.004 shared driveway
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.
Page Three
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232
November 3, 2008
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. 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 may
be found at hqp.//h2o.enr.state.nc.us/su/Forms Documents.htni.
Culverts
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
8. 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;
Page Four
Shadow Creek Estates, LLC
Attn: James M. Davis, Jr. Manager
DWQ # 08 1232
November 3, 2008
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 enclosed
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,
S /3Z41A-
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: Attachment
GC 3705
Certificate of Completion
cc: Kathy Vinson - Coastal Planning Services, Inc.
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Brad Shaver - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
Karl Hammers - Division of Land Quality WiRO
WiRO
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