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HomeMy WebLinkAbout20010034 Ver 1_Staff Comments_20011105GF W ATF9 Michael F. Easley, Governor `0~ OG William G. Ross Jr., Secretary ~ North Carolina Department of Environment and Natural Resources j r - Gregory J. Thorpe, Ph.D. -i p -~ Ading Diredor Division of Water Quality November , 2001 Sol Rose 13 The Rose Group 104 Gillespie Street , Fayetteville, NC 28301 Dear Mr. Rose: Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed King's Grant Golf and Country Club- additional impacts Cumberland County DWQ Project # 01-0034 COE # 200000671 Attached hereto is a copy of certification No. 3332 issued to The King's Grant Golf and Country Club dated November , 2001. If we can be of further assistance, do not hesitate to contact us. s ~ (~1S C¢r'~~;c '~~~~ ~~~fa,~,.eJ ~4 C1~G ~1 S SvPd t3 Yp ~,, or, Nv~~~-~-- S~re~ r~ 2a Thorpe Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Doug Huggett, Division of Coastal Management Central Files File Copy Charlie Hollis;138 Green Forest Dr, Wilmington, NC 28409 Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 ~wQ N DENR Customer Service 1 800 623-7748 ~« 'r~.r.~~ :.~• \O~~F W ATE9OG ~ r > ._,~ o < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. V - ~--~' Acting Director ~ Division of Water Quality North Carolina 401 Water Quality Certification This certification is issued in conformity with the requi ments of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of W Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to King's Grant Golf and Country Club resulting in i Cumberland County pursuant to an application filed on the 4~ day of August 2001 to complete development at King's Grant and Country Club. This application provides adequate assurance that the discharge of fill material into waters of unknown tributary of Carver's Creek in conjunction with the proposed development 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 application portions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application conditions hereinafter set forth. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed below. 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, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of two manuals, wither the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR regional or Central Offices.) The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in all fresh water streams and river not designated as trout waters; 25 NTU's in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters). A sediment curtain shall be utilized at all times until the dredging is completed in orderto control tributary. 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has replaced the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Shall waste or borrow sites be located in wetlands or other waters, compensatory mitigation-will be required since it is a direct impact from road construction activities; 5. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and water s to notify the stat in orderto assure compliance for future wetland andlor water impact. These mechanisms shall be. put in place within 30 days of the date of this letter or the issuance of the 404 permit (whichever is later). 6. An additional condition is that a final, written stormwater management plan for the site shall be approved in writing by this Office before the impacts specified in this Certification occur, if the final percent impervious cover for this project exceeds 30% The stonmwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constnd Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 Customer Service 1 800 623-7748 operational, and the stormwater management plan (as approved by this Office) shall be implemented. 7. We understand that you have chosen to contribute to the Wetlands Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this information will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506 (h) 0.39 acres of non-riparian wetland restoration will be required. Until the Wetland Restoration Program rec4eives and clears your check (made payable to DENR-Wetlands Restoration Program), wetland stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you do not have any questions concerning the Wetland Restoration Program. You have one month from the date of the certification to make this payment. ~l For accounting purposes this Certification authorizes the fill of 0®acres of non-riparian rest ion are required. Please be aware that the Wetland Restoration Program (V11RP) rules require rounding of wetlands ar .39 res acreage amounts to 0 one quarter acre increments (15A 2R .0503(b) ~ ~ If this certification is unacceptable to you, you may ask for an adjudicatory hearing. You must act within 60 days following receipt of this Certification. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. 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 23rd day of October 2001 DIVISION OF WATER QUALITY Gregory J. Thorpe, Ph.D Acting Director Cert. # 3332 OF W A rF9 Michael F. Easley, Governor - - _., William G. Ross Jr., Secretary ~O~ ~ ~G North Carolina Department of Environment and Natural Resources j [ - Gregory J. Thorpe, Ph.D. 0 Y Acting Director Division of Water Quality NORTH CAROLINA-DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15 A NCAC 2 H .0500, Kings Grant Golf and Country Club has permission as outlined below for the purpose(s) of proposed residential development. All activities associated with theses authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATIN IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION kings Grant Golf and Country Club COUNTY: Cumberland BASIN/SU BBASI N 030616 As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to one-quarter acre increments according to 15 2R .0503(b) acres of Class WL wetlands aces of riparian wetland 0.39 acres of non-riparian wetlands acres of Class SWL wetland linear feet of stream buffers (other) One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetland Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTROATION PROGRAM DIVISION OF WATER QUALITY 1650 Mail Service Center RALEIGH, NC 27699-1916 (919)733-5208 Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 ~~ tyt;l7El~t Customer Service 1 800 623-7748