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Home My WebLink About20090108 Ver 1_Approval Letter_20090305Beverly Eaves Perdue Governor = N CDENa North Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director March 5, 2009 Jim and Ellen Corvette PO Box 1277 Hampstead, NC 28443 Subject Property: 257 Transfer Station Road, Hampstead APPROVAL of Isolated Wetlands Permit Dear Mr. and Mrs. Cornette: Natural Resources Dee Freeman Secretary DWQ Project # 09 0108 Pender County You have our approval, in accordance with the attached conditions, to place permanent fill in 0.567 acre of isolated wetlands for the purpose of constructing an access road and stormwater pond associated with a commercial subdivision in Pender County, at the subject property, as described within your application dated January 28, 2009 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on February 5, 2009. After reviewing your application, we have determined that this fill is covered by the State General Permit for Impacts to Isolated and Other Non 404 Jurisdictional Wetlands and Waters (IWGP 100000). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Stormwater and Water Supply Watershed regulations. Also, this Permit will expire upon the expiration date of IWGP100000 (October 31, 2013) or unless otherwise rescinded by the Director of the Division of Water Quality. 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 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Permit and any additional conditions listed below. The Additional Conditions of the Certification are: 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: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) Isolated Wetlands 0.567 acres Attached Waters N/A (acres) Page Two Jim and Ellen Cornette DWQ Project # 09 0108 March 5, 2009 2. 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 and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr.state. nc. us/su/Forms Documents ham. 3. Erosion & Sediment Control Practices 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. 4. 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. 5. 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. Rage Three Jim and Ellen Cornette DWQ Project # 09 0108 March 5, 2009 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place and a copy of the recorded deed notifications or deed restrictions must be provided to this office and to the 401 Oversight and Express Unit at 1650 Mail Service Center, Raleigh, NC 27699- 1650 prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. T 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 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. This letter completes the review of the Division of Water Quality under the Isolated and Non 404 Jurisdictional Wetlands and Waters Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.715.4631 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215. Sincerely, Coleen H. Sullins, Director r ; iii vision or water tluaiity Enclosures: IWGP 100000 Certificate of Completion cc: Ian McMillan - DWQ 401 Oversight Unit, Raleigh Ronnie Smith - USACE Wilmington Regulatory Field Office Trentt James - DLR Wilmington Regional Office Stephen Rynas - DCM Morehead City W1RO oil t?J fi b r?4 n !TS rte" !d a??? ?Cr wry Ys?;g uV rn=t 15 ?ntl.. u V.Wtw ,a F i."r: 4 ? a c a v m _ j = ?c - is E r Si F, I I'D L ZO U