20070791 Ver 2_Approval Letter_20090421

A NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Billy Wellons, Jr.
North South Properties, LLC
165 Caldwell Street
Spring Lake, NC 28390
Division of Water Quality
Coleen H. Sullins
Director
April 21, 2009
Subject Property: Overhills Creek Subdivision
Ut to Lake Holton [030614, 18-26-30, C]
Dee Freeman
Secretary
DWQ Project # 07-0791, Ver. 2
Harnett County
APPROVAL of Isolated Wetlands Permit with Additional Conditions
Dear Mr. Wellons:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.02 acres of Isolated Wetland fill as covered by the State General Permit for
Impacts to Isolated Wetlands and Isolated Waters (IWGP100000), and requested in your application dated
March 2, 2009, and received by the DWQ on March 3, 2009, to facilitate development of a single-family
lot 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expiration of IWGP100000 (October 31, 2013) or unless otherwise rescinded by the Director of the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 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:
I Type of Impact I Amount Approved (Units) I Plan Location or Reference
I Isolated Wetlands 0.02 (acres) PCN na2e 8 of 13
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp:llh2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,aturallty
An Equal Opportunity 1 Affirmative Action Employer
North South Properties, LLO
Page 2 of 3
April 21, 2009
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 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;
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. Stormwater Management Plan Requirements
A. All non-NCDOT projects shall be classified as either Low or High Density. Low Density
projects do not require the submittal of a Stormwater Management Plan (SMP). A
development shall be considered Low Density if ALL of the following criteria are met:
i. The overall site plan contains less than 24% impervious surface area considering
both current and future development,
ii. All stormwater is transported primarily via vegetated conveyances designed in
accordance with the most recent version of the NCDENR BMP Manual, and
iii. Any area within the project that has impervious surface area greater than 24% is
located in an upland area and drains to surface waters and drainageways via diffuse
flow. Diffuse flow measures must be designed in accordance with the most recent
version of the NCDENR BMP Manual.
North South Properties, LLC
Page 3 of 3
April 21, 2009
B. All non-NCDOT projects that do not meet Low Density criteria are considered to be High
Density. High Density projects require the submittal of an SMP to the Division. SMPs must
comply with all the applicable provisions of the most recent version of Stormwater
Management Plan Requirements for Applicants other than the North Carolina Department
of Transportation posted on the Division web site at the time of application. A project that is
considered to be High Density requires the submittal of an SMP to the Division regardless
of whether a written authorization is required for this permit.
7. 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 as
described within 15A NCAC 02H .1301. If you have any questions, please telephone Cyndi Karoly or
Ian McMillan at 919-733-1786.
CHS/gym
Enclosures: IWGP 100000
Certificate of Completion
S' c rely,
i
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Jason Godwin, Enoch Engineers, P.A„ 1403 NC Highway 50 South, Benson, NC 27504
Filename: 070791 Ver2OverhillsCreekSD(Hamett)On_Hold