20080525 Ver 1_Approval Letter_20090527

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
May 27, 2009
Mr. Jaganathan Gnanasekaran
561 Ambergate Place NW
Concord, NC 28027
Subject Property:
Dear Mr. Gnanasekaran:
Gnanasekaran Commercial Property
APPROVAL of Isolated Wetlands Permit
Dee Freeman
Secretary
DWQ Project # 08 0525
Pender County
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.638 acres
of isolated wetlands in order to construct the proposed commercial development in Hampstead, as described
within your application dated February 22, 2008 and received by the Division of Water Quality (DWQ) on March
20, 2008. Additional information for the project was received by the DWQ Wilmington Regional Office (WiRO)
on May, 11, 2009, May 14, 2009 and May 26, 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 (IWGP100000). 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 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(October 31, 2013) or unless otherwise rescinded by the Director of the Division of Water Quality.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 0.638 acres (27807 sq ft) Site Layout Sheet C-1
attached
Waters N/A (acres)
Buffers N/A (square ft.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer
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Page Two
Mr. Jaganathan Gnanasekaran
Gnanasekaran Commercial Property
DWQ Project # 08 0525
May 27, 2009
2. 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.
3. 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.
5. State Stormwater Management Permit
The State Stormwater Management Permit SW8 090106 issued on May 7, 2009 must be implemented
accordingly to remain consistent and compliant with this certification.
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 and reporting requirements are required.
A copy of this permit and monitoring report forms may be found at
http,//h o enr.state. nc us/su/Forms Documents.htm.
Page Three
Mr. Jaganathan Gnanasekaran
Gnanasekaran Commercial Property
DWQ Project # 08 0525
May 27, 2009
7. 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 Wetlands Rules as described
within 15 NCAC 2H, Section 0.1300. If you have any questions, please telephone Cyndi Karoly or Ian McMillan
in the Central Office in Raleigh at 919-733-1786.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: IWGP100000
Certificate of Completion
cc: James Taylor - Southern Environmental Group Inc.
Ian McMillan - DWQ 401 Oversight and Express Unit
Stephen Rynas - DCM Morehead City
Ronnie Smith - USACE Wilmington Regulatory Field Office
Trentt James - DLR Wilmington Regional Office
W1RO
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