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Home My WebLink About20110009 Ver 1_Approval Letter_20110413Beverly Eaves Perdue Governor ~F~~J ~~~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director April 13, 2011 Dee Freeman Secretary DWQ Project # 11-0009 Durham County City of Durham 101 City Hall Plaza Durham, NC 27701 Subject Property: City of Durham -American Tobacco Trail Phase E Ut to Gum Creek [030605, 16-41-1-13, WSIV, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.05 acres of 404/wetland, 136 linear feet perennial stream impact, and 11,863 square feet of Zone 1 Jordan Lake protected riparian buffers, and 8,741 square feet of Zone 2 Jordan Lake protected riparian buffers, as described in your updated application dated November 8, 2010, and received by the Division of Water Quality (DWQ) on January 3, 2011, with additional information received on February 25, 2011, and Apri15, 2011, to construct the proposed greenway trail at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820). The Certification(s) allows you to use Nationwide Permit(s) NW 14, when issued by the US Army Corps of Engineers (USAGE). 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 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 1501inear 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. 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: V~,retlands, Buffers, Sformwater, Compliance antl Permilfing Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Phone, 919-807-6301 1 FAX 919-807~6~~4 Inf<•rnef~ hlfp.;iporlal.ncdenr.org'weblwq;:~:~s An Equal Op;~or(unify 1 Affirma~i~de fiction ~ mpluyer City of Durham Page 2 of 4 April 13, 2011 T e of Im act Amount A roved nits Plan Location or Reference 404/Wetland 0.05 (acres) PCN A lication a e 4 of 10 Stream ( erennial) 136 (linear feet) PCN A lication a e 4 of 10 Buffers Zone 1 11,863 (s uare ft.) More info received 2/25/11 Buffers Zone 2 8,741 (s uare ft.) More info received 2/25/11 2. 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. Ail 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. 3. Erosion and sediment control practices must be in full compliance with ali 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. 4. Sediment and Erosion Control Measures 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 downstream 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; 5. Diffuse Flow (DWQ Reviewed Plans) All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0267(5) In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0267(5)), you have provided the DWQ with level spreader (or bioretention) designs dated February 22, 2011, and Apri15, 2011. The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0267(5) is not achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from City of Durham Page 3 of 4 April 13, 2011 the proposed development be piped directly through the buffer without prior DWQ written authorization. The Operation & Maintenance (O&M) agreement(s) for the proposed diffuse flow measures signed by Edward R. Venable on February 24, 2011 must transfer with the sale of the land or transfer of responsibility for the stormwater facilities. DWQ must be notified promptly of every transfer. The structural stormwater practices as approved by this Office as well 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. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. 6. 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 warning 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; 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 Wetlands, Buffers, Stormwater, Compliance and Permitting (WeBSCaPe)Unit web site at: http://portal.ncdenr.org/c/document_library/get file?uuid=ef84d0e1-Sfc9-4183-87b5- 2ftld7eb 152e0&groupId=38364 The text of the sample deed notification may be modified as appropriate to suit to this project. 8. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting (WeBSCaPe)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 LAMA 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 sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings City of Durham Page 4 of 4 April 13, 2011 during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, 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: (919)-431-3000, Facsimile: (919)-431-3100 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 Unless such a petition is filed, this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described within 15A NCAC 2B .0267. If you have any questions, please telephone Ian McMillan or Amy Chapman, at 919-807-6301. CHS/ijm Enclosures: GC3820 Certificate of Completion Sincerely, Coleen H. Sullins cc: Lauren Witherspoon, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy DLR Raleigh Regional Office Carl Bush, Parsons Brinckerhoff, 434 Fayetteville Street, Suite 1500, Raleigh. NC 27601 Filename: 110009CODurha mAmericanTobaccoTrailPhaseE(Durham)401_JBR