HomeMy WebLinkAbout20040223 Ver 3_Approval Letter_20081222?0F W A TF9P
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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
December 22, 2008
Mr. Fred Bunn
Bunn-Eagles Farm, LLC
2231 Nash Street NW, Suite D
Wilson, NC 27896
DWQ Project # 04-0223, Ver. 3
Wilson County
Subject Property: Eagles Farm Subdivision
Ut to Toisnot Swamp [030407, 27-86.11-(1), WSIII, NSW]
APPROVAL of Isolated Wetlands Permit, and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Bunn:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.56 acres of Isolated Wetland fill, and 0.00 square feet of Zone 1 Neuse River
basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian
buffers as covered by the State General Permit for Impacts to Isolated Wetlands and Other Non-404
Jurisdictional Wetlands and Waters (IWGP100000), and requested in your revised application dated
November 18, 2008, and received by the DWQ on November 19, 2008 to construct the proposed
residential development at the site. 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, and Non-discharge 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 or CAMA Permit, and the authorization to proceed with your proposed
impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall
expire upon expiration of IWGP 100000 (October 31, 2013) or unless otherwise rescinded by the Director
of the Division of Water Quality. This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233.
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 anew application. If the property is sold,
the new owner must be given a copy of this Permit 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 02H .1301 (g). This approval requires you to follow the conditions listed in the attached
Permit and any additional conditions listed below.
The Additional Conditions of the Permit are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Permit (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
401 OversightlExpress Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-68931 lntemet: htto://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Bunn-Eagles Farm, LLC
Page 2 of 4
December 22, 2008
Type of Impact Amount Approved nits Plan Location or Reference
Isolated Wetlands 0.56 acres PCN page 8 of 13
Buffers Zone 1 0.00 (square ft.) PCN page 12 of 13
Buffers Zone 2 0.00 (square ft.) PCN page 12 of 13
2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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;
4. 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 activities to ensure compliance with 15A NCAC
02H.1301;
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
6. Construction Stormwater Permit NCGO 10000
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
Bunn-Eagles Farm, LLC
Page 3 of 4
December 22, 2008
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htW:11h2o. enr. state. nc. us/su/Forms Documents. htm. ;
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen (and phosphorus if in the Tar-Pamlico River Basin). This may require additional
approval from this Office.
8. Certificate of Completion
Upon completion of all work approved within the Isolated Wetlands Permit or and any
subsequent modifications, the applicant is required to return the attached certificate of completion
to the 401 Oversight/Express Review Permitting 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 Permit 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 Permit, shall expire upon
expiration of IWGP100000 (October 31, 2013) or unless otherwise rescinded by the Director of the
Division of Water Quality.
If you do not accept any of the conditions of this Permit (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 Permit and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under the Isolated Wetland Rule and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233 as described within 15A
NCAC 02H .1301. If you have any questions, please telephone Cyndi Karoly or Ian McMilln at 919-
733-1786.
CHS/gym
Since y,
G
Coleen H. Sullins
Enclosures: IWGP 100000
Certificate of Completion
Bunn-Eagles Farm, LLC
Page 4 of 4
December 22, 2008
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sean P. Hein, Green Engineering, PLLC, P.O. Box 609, Wilson, NC 27893
Filename: 040223 Ver3EagleFarmSD(Wilson)IW_NBR
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS-THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
.North Carolina as amended and other lawful standards and regulations, including
15A NCAC 21-1.1300.and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts I, II, III, IV, V, VI and VII of this General Permit
Number One.
This General Permit shall become effective on September 10, 2003.
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Kimek, Director
Division of Water Quality
By the Authority of the.
NC Environmental Management Commission
This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
The State of North Carolina certifies that the specified category of activity will not
violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Permit:
Totaling Impacts and Application Requirements:
A. Application Thresholds - Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 1 /3 of an acre
require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of 1-95 and
1/10 of an acre west of 1-95 require written notification to and approval by the
Division of Water Quality;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unigue Wetlands
(UWQ shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than 1) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling and Reporting of Impacts:
1. Isolated Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
profile occurs. Any filling, excavation, relocation or other modification of the
existing stream,(other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes and Ponds - Impacts to isolated waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the
entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands - Impacts to isolated wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary wetland
impacts shall be enumerated on the entire project for all impacts regardless of
which 404 Nationwide Permits are used (if any). Any activity that results in a loss
of use of wetland functions including but not limited to filling, excavating, draining,
and flooding shall be considered wetland impacts. Impacts to wetlands shall
include activities that change the hydrology of a wetland.
D. Public Notice requirement -A. separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
Impacts to any stream length for streams regulated by the respective riparian buffer
rules. in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 2B.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to, apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules shall be limited to "uses identified within and
constructed in accordance with 15A NCAC 2B .0200.
All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-1), 213.0213 (WS-II), 2B.0214 (WS-III) and 213.0215 (WS-
IV). Only water dependent activities, public projects and structures with
diminimus increases in impervious surfaces will be allowed as outlined in those
rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the Isolated
Wetland General Permit can be processed. In addition, a 30 foot wide vegetative
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in
water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
II. On-Site Stormwater Management:
A. Additional site-specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case-by-case basis.
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when a site-specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
Alternative designs may be requested by the applicant and will be
reviewed on a case-by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other exitting state stormwater programs including appropriate local
programs are sufficient to satisfy this Condition as long as the stormwater
management' plans meet or exceed the design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
1. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. Also, before any permanent building or other structure is occupied at the subject
site, the facilities (as approved by the Wetlands Unit) shall be constructed and
operational, and the stormwater management plan (as approved by the
Wetlands Unit) shall be implemented.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
a
III. Compensatory Mitigation:
A. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds ith
streams classified as ORW, HQW, Tr, WS-I and WS-11 unless the project is a linear,
publicly-funded transportation project, which has a 150-foot per-stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal
to or exceeding 150 feet per stream may require mitigation. In addition, buffer
mitigation may be required for any project with Riparian Area Protection Rules (Buffer
Rules) in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any use of this General Permit.
The most current design and monitoring protocols from DWQ shall be followed and
written plans submitted for DWQ approval as required in those protocols.
When compensatory mitigation is required for a project, the mitigation plans must
be approved by DWQ"in writing before the impacts approved by the Permit occur,
unless otherwise specified in the approval letter. The mitigation plan must be
implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re-alignment of streams, a stream relocation plan must be
included with the General Permit application for written DWQ approval. Relocated
stream designs should include the same dimensions, patterns and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), The
new channel should be constructed in the dry and water shall not be turned into the
new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel. A smaller buffer may be allowed on a site-specific basis by DWQ.
A transitional phase incorporating coir fiber and seedling establishment is allowable.
Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it
is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any hydraulic calculations used to determine the
extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-
site, then stream impact will need to be mitigated elsewhere. If stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed 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 down stream of the above structures. The applicant is required to
provide written 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;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual". If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
B. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site-specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General or
Individual 401 Water Quality Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to wetlands, waters or
buffers if required to do so in writing by DWQ. For road construction purposes, this Permit
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely
.to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
VI. Compliance and Reporting:
A. If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
B. Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable. These mechanisms shall be put in.place within 30 days
of the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at hft[):I/h2o.enr.state.nc.us/ncwetiands . DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date of the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ.
E. Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Permit for the project and may also result in criminal
and/or civil penalties.
F. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215.6C.
G. This permit may be ,modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al.
1. The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
reissuance of the Permit to change the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.
K.
L.
The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.