20090865 Ver 1_Approval Letter_20090921

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 21, 2009
DWQ Project # 09 0865
Onslow County
BHP Western
Attn: Betty Bullock
409 Johnson Blvd.
Jacksonville, NC 28540
Subject Property: BHP Western Mixed Use Subdivision "The Arbors", Jacksonville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Bullock:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 278 linear feet of perennial stream and 0.255 acres of wetlands for the purpose
of constructing a commercial/residential development to be known as the Arbors, as described
within your application dated May 5, 2009 and received by the Wilmington Regional office
(WiRO) on August 18, 2009. After reviewing your application, it has been determined that the
impacts are covered by General Water Quality Certification Number 3705 (GC3705). The
Certifications allow you to use Nationwide Permit 39 when issued by the US Army Corps of
Engineers (USAGE) provided that you can meet all of the conditions of the certification.
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,
Non-discharge, and stormwater 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.
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. Additional
wetland impacts that may cause the impacts to exceed the 0.5 acre threshold will be required to be
submitted as an Individual Permit 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 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 certification and any additional
conditions listed below.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: vvww.ncwateraualitv.orq
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Alitu,rally
Customer Service 1-877-623-6748
Page Two
BHP Western
Attn: Betty Bullock
DWQ # 090865
September 21, 2009
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
Wetlands Wetland Conservation Map (large
Jurisdictional 0.255 acres Plat Map received 8/11/09) and two
8.5 X 11 (sheet 1 and 2 of 3)
8.5 X 11 Wetland fill detail
drawings for crossing # 1- 8
(8.5 X 11 Is attached)
Stream As written in on Wetland
Permanent 2781f perennial Conservation BHP Western
8.5 X 11 (sheet 1 and 2 of 3)
(attached)
2. Sedimentation and Erosion Control
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.
Page Three
BHP Western
Attn: Betty Bullock
DWQ # 090865
September 21, 2009
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. Construction Stormwater Permit NCG010000
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
hqp: Ah2o. enr.state. nc. us/su/Forms Documents. htm .
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the downstream and
upstream profiles are not altered. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes installed
in a perched manner, the pipes shall be removed and re-installed correctly.
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0211(k). Appropriate sediment and erosion control practices must be
used to meet this standard.
8. Deed Notifications and/or Restrictions
A recorded copy of Deed notifications as required by the State or a recorded copy of the
restrictive covenants or easements required by the US Army Corps of Engineers and the
associated preservation map approved by the US Army Corps of Engineers Wilmington
Regulatory Office must be submitted to this Office and to the 401 Oversight and Express Unit in
Raleigh. These mechanisms shall be put in place prior to the implementation of this permit.
Page Four
BHP Western
Attn: Betty Bullock
DWQ # 090865
September 21, 2009
9. "Re-opener" Clause
John L. Pierce, Eric A. Buffong and Henry S Haye of BHP Western, a NC General Partnership,
shall conduct activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. John L. Pierce, Eric A. Buffong and
Henry S Haye of BHP Western a NC General Partnership shall require its contractors (and/or
agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify John L. Pierce, Eric A. Buffong and Henry S Haye of BHP Western a NC
General Partnership and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to John L. Pierce, Eric A.
Buffong and Henry S Haye of BHP Western a NC General Partnership in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
10. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the application (278 linear
feet). We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the fund. You have 60 days from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the NCDENR Wetlands Trust Fund to meet the following
compensatory mitigation requirement:
11. As-Builts
As-builts for the permitted wetland and stream impacts may be required to assure that the project
is in compliance with this certification.
Page Five
BHP Western
Attn: Betty Bullock
DWQ # 090865
September 21, 2009
12. 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 Certification 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 Certification shall
expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (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 certification 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 Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3705
Certificate of Completion
cc: Haywood Pittman - Pittman Soil Consulting
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
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