20081289 Ver 1_Approval Letter_20081121

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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
November 21, 2008
Food Lion, LLC
Funston Land & Timber
Mr. Jeff Earp
1007 Evangeline Drive
Leland, NC 28451
Re: Brunswick Forest Ocean Club, Brunswick County
DWQ #20081289; USACE Action ID. No. 200400320
Atlantic Ocean [030617, 99-(2), SB]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Earp:
Attached hereto is a copy of Certification No. 3768 issued to Mr. Jeff Earp, dated November 21, 2008. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-
discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc ely,
Coleen H. Sullins
CHS/cbk/Um
Attachments: Certificate of Completion
cc: Dave Timpy, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Chad Coburn, DWQ, Wilmington Regional Office
Doug Huggett, DCM Morehead City
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 28557
File Copy
Matt Matthews, DWQ Branch Manager
Filename: 081289BrunswickForestOcea nCl u b(Brunswick)401_IC
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetiands
NonehCarolina
Natum!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jeff Earp
Page 2 of 5
November 21, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Jeff Earp to fill 0.253 acres of jurisdictional wetlands in
the Cape Fear River Basin, associated with the construction of Brunswick Forest Ocean Club in Brunswick
County, North Carolina, pursuant to an application filed on the 21st day of August of 2008, and in
additional correspondence received September 23, 2008 and October 22, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved nits Plan Location or Reference
404 Wetlands 0.253 (acres) Sheet 6 of 8
Sediment and Erosion Control:
2. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
must be adhered to throughout the life of this project.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used
to meet this standard.
4. 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 404/40 1 Permit Application. All construction activities,
Mr. Jeff Earp
Page 3 of 5
November 21, 2008
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.
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
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
htW. Ah2o. enr. state. nc. us/su/Forms Documents. htm.
Continuing Compliance:
Funston Land & Timber (Mr. Jeff Earp) & Food Lion, LLC, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division determines that such standards or laws are not being met
(including the 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, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Funston Land & Timber (Mr. Jeff Earp) & Food Lion, LLC
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 211.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Funston Land & Timber (Mr. Jeff Earp) & Food Lion, LLC in
writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project;
Road Crossings:
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
Mr. Jeff Earp
Page 4 of 5
November 21, 2008
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Other conditions:
10. 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.
11. The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
must be adhered to throughout the life of this project.
12. Upon the approval of an Erosion and Sedimentation Control Plan issued by 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.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
Mr. Jeff Earp
Page 5 of 5
November 21, 2008
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 21 st day of November 2008
3768
CHS/cbk/Ym
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in. the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project; for the Permiiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certifications and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date