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Home My WebLink About20041796 Ver 2_Approval Letter_200601230~ w A T~~ Michael F. Easley, Governor .,,(~~ QG William G. Ross Jr., Secretary ~_ North Carolina Department of Environment and Natural Resources •~ ^-f Q "C Alan W. Klimek, P.E. Director Division of Water Quality January 23, 2006 DWQ Project # 04-1796, Ver. 2 Wake County Mr. Jonathan Skinner Villages of Swift Creek, LLC ~~~~~ 729 Thimble Shoals Boulevard, Suite 6-C "'~`~f NewportNews,VA 23605 ~'~~~~ ~r~ Subject Property: Mirror Lake Subdivision :_ •: , Ut to Swift Creek [030402, 27-43-5-(1.5), WSIII, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -MODIFICATION Dear Mr. Skinner: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.31 acres of wetland, 1351inear feet of perennial stream, and 14,316 square feet of protected Neuse River riparian buffer for the purpose of development of a residential subdivision tots at the subject property, as described within your application dated January 19, 2006, and received by the N.C. Division of Water Quality (DWQ} on January 20, 2006. After reviewing your application, we have decided that the impacts aze covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per l SA NCAC 2B .0233. 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. This approval letter replaces the former 401 Water Quality Certification for DWQ No. 04-1796 (Mirror Lake Subdivision -Wake County) that was issued on December I4, 2004. 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 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 ISO linear feet of stream, compensatory mitigation maybe 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. The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved 4010versighUf~gxess Review PermNs Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, SuRe 250, Raleigh, North Caro{fna 27604 Phone: 919-733-t786 /FAX 919.733~fi8931 tntemet http~I/h2o enr state nc us/navetlands An Equal Opporhmity/Affirmative Action Empbyer - 50°k RacyGedil O% Post Consumer Paper 1~,,°gg~~~`hCaro)) na ~Jt?l[flll'ltl~jf Villages of Swift Creek, LLC Page 2 of 3 January 23, 2006 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 nits X Plan Location or Reference 404 Wetland. , ` 0.31 (acres) PCN page 4 of 8 (from on 'nal PCN dated 11/11104 Stream (Perennial ..135 (linear feed PCN age 4 of 8 Buffer ~ 14,316 s care feet PCN age 7 of 8 Sediment and Erosion Control: 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. 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 404140IPernut Application. 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. 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. Written Stormwater Management Plan (No Further Approval Needed) The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) dated October 8, 2004, must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as welt as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC OZB .0233(5}}, you have provided the DWQ with level spreader designs dated November 11, 2004. The DWQ believes that if implemented, as per these plans, diffizse flow will be achieved. Villages of Swift Creek, LLC Page 3 of 3 January 23, 2006 However, if diffuse flow as per I SA NCAC 02B .0233(5) is not achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall betaken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed development be piped duectly through the buffer without prior DWQ written authorization. b. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. 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 ar 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. 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 wanting 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 15 NCAC 2H, Section .0500; 8. 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 prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 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 maybe modified as appropriate to suit to this project; 9. 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 dischazged 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.htm.; 10. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within 10 days of the commencement of construction. Villages of Swifr Creek, LLC Page 4 of 3 January 23, 20t?6 1 1. 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 /Vi~etlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shaIl expire upon expiration of the 404 or CAMA Permit. 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 far an adjudieatory hearing. You must. act urithin 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter` i'SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Sen~ice 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 Cyndi Karoiy or Ian McMillan in the Central Office in Raleigh at 919-733-17$6 or Alan Johnson in the DWQ Mooresville Regional Offce at 704-6b3-1699. AWK/i~m Enclosures: GC 3402 Certificate of Completion Sincerely, t 4z.~1~ `~.~/ ~~ Alan W. Klimek, P.E. cc: Todd Pretuunger, Withers & Ravenel, Inc., 1 I 1 MacKenan Drive, Cary, NC 27511 USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Fi! enazne: 04179b V erg Mi rmrLakeS D(Wake)401