20100147 Ver 1_Approval Letter_20100517

APA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 17, 2010
Mr. Dave Tyndall
Edwards Community Development Company, LLC
495 South High Street, Suite 150
Columbus, OH 43215
Re: The Province At Greenville, Pitt County
DWQ Project No. 20100147; USACE Action ID. No. SAW 2010-00257
Green Mill Run [030305, 28-96, C, NSW]
Approval of 401 Water Quality Certification, and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Tyndall:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3825 issued to Mr. Dave Tyndall and Edwards Community
Development Company, LLC, dated May 17, 2010. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-
discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
2 Coleen Sullins
CHS/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Roberto Scheller, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
DLR Washington Regional Office
Rob Milligan, EMH&T, 5500 New Albany Road, Columbus, OH 43054
Filename: 0100147TheProvinceAtGreenville(Pitt)401_IC_TPBR
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://h2o.enr.state.nc.usincwetlands/
N?onrthCarohna
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An Equal Opportunity \ Affirmative Action Employer
Mr. Dave Tyndall and Edwards Community Development Company, LLC
Page 2 of 5
May 17, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Dave Tyndall and Edwards Community Development
Company, LLC, to fill or otherwise impact 0.94 acres of 404/wetland, 22,000 square feet of Zone 1 Tar-
Pamlico River basin protected riparian buffers and 17,000 square feet of Zone 2 Tar-Pamlico River basin
protected riparian buffers in the Tar-Pamlico River Basin, in association with the construction of the
proposed student housing complex at the site which is located within the northeast corner of the intersection
of South Charles Boulevard and East 14d' Street, in Greenville, Pitt County, North Carolina, pursuant to an
application filed on the 5`h of March, 2010, and received by the DWQ on the 8`h day of March, 2010, and by
Public Notice issued by the USACE on the 23`d day of February, 2010, and received by the DWQ on
February 24, 2009, and by all additional information received by the DWQ on March 11, 2010, April 16,
2010, and May 12, 2010.
The application and supporting documentation provides adequate assurance that the proposed work 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 applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and additional information received by DWQ. If the project is changed,
prior to notification a new application for a new Certification is required. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification maybe required. For this approval to be valid, compliance with the conditions listed below
is required.
Conditions of Certification:
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:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands 0.94 acres Application and Public Notice
404/401 Wetlands 0.17 acres temporary impact Application and Public Notice
Buffers Zone 1 22,000 (square feet Application and Public Notice
Buffers Zone 2 17,000 (square feet - -Application and Public Notice
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:
Mr. Dave Tyndall and Edwards Community Development Company, LLC
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May 17, 2010
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 shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released the
project.
Continuing Compliance:
Mr. Dave Tyndall and Edwards Community Development Company, LLC, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(4) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division 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, the Division 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, the Division shall notify Mr. Dave Tyndall and Edwards Community Development
Company, LLC, 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 Mr. Dave Tyndall and Edwards Community
Development Company, LLC, 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;
6. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
Mr. Dave Tyndall and Edwards Community Development Company, LLC
Page 4 of 5
May 17, 2010
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
For the planting plan, please provide:
1. A table that summarizes the information about the sizes, spacing and total quantity of
each type of plant.
.2. A key to show the locations of each type of plant.
.3. A planting detail.
.4. Watering requirements to establish the wetland vegetation.
Other conditions:
7. 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 at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without re-
concentrating. If this is not possible it may be necessary to provide stormwater facilities that are
considered to remove nitrogen since the project is in the Tar-Pamlico River Basin.
9. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal
wetland (whichever is more landward) associated with removal of the existing levy and pavement must
be done 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 320 trees per acre at maturity. This density can
usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per
acre.)
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. Dave Tyndall and Edwards Community Development Company, LLC
Page 5 of 5
May 17, 2010
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.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 17'' day of May 2010
DIVIS N OF WATER LITY
oleen Sullins
CHS/ijm
3825