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HomeMy WebLinkAbout20072111 Ver 2_Approval Letter_20170410NOT A LAMA PERMIT Water Resources Environmental Quality April 10, 2017 Town of Trent Woods Attn: Mr. Charles Tyson, Jr. 898 Chelsea Road New Bern, NC 28562 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 2007-2111 V2 Craven County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse Riparian Buffer Impacts with Additional Conditions Hawthorne Road Drainage Improvements Dear Mr. Tyson: You have our approval for the impacts listed below for the purpose described in your application dated March 6, 2017 and received by the Division of Water Resources (Division) on March 8, 2017. These impacts are covered by the attached Water Quality General Certification Number 3900, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0233(8)] Type of Impact Amount Amount Plan location/ Approved (units) Approved (units) Reference Attached Permanent Temporary Wetlands W-1 (Rip Rap Fill) Temporary and 0 (acres) "99 ft2" 0 (acres) Permanent Buffer Impact Maps Nothing Compares - State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 HAWTHORNE ROAD DRAINAGE IMPROVEMENTS DWR# 2007-2111 V2 401 AND BUFFER APPROVAL Page 2 of 4 Buffers -Zone 1 B-1 (Grading) 588 (square feet) 692 (square feet) Temporary and Permanent Buffer Impact Maps Buffers -Zone 2 B-2 (Rip -Rap) 285 (square feet) 560 (square feet) 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4097. [15A NCAC 02B .0507(c)] 3. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B.0211 Fresh Surface Water Quality for Class C Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.0 and 9.0 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (k) Turbidity: the turbidity in the receiving water shall not exceed 50 NTU in streams; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0211] 4. Re Opener Clause The Town of Trent Woods and their authorized agents shall conduct their 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. The Town of Trent Woods shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their 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 DWR 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, DWR 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, DWR shall notify the Town of Trent Woods 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 DWR 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. 5. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at a non-erosive velocities through the entire protected stream buffers without re -concentrating. If this is not possible it may be necessary to provide HAWTHORNE ROAD DRAINAGE IMPROVEMENTS DWR# 2007-2111 V2 401 AND BUFFER APPROVAL Page 3 of 4 stormwater facilities that are considered to remove nitrogen and phosphorus. Additionally, a stormwater management plan for this project shall provided to this Office before any impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen and phosphorus removal as described above will be achieved. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02B .0233(5)] 6. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B.0233(6)] 7. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 8. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 9. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). HAWTHORNE ROAD DRAINAGE IMPROVEMENTS DWR# 2007-2111 V2 401 AND BUFFER APPROVAL Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and Neuse Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, 'Z" Robert Tankard, Assist nt Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Joseph Avolis, Avolis Engineering, PA (via email: avolisengineering@embarqmail.com) Greg Bodnar, DCM Morehead City (via email) Raleigh Bland, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO (via email) Laserfiche File