HomeMy WebLinkAbout20052167 Ver 4_Approval Letter_20110824LFKWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 24, 2011
Mr. Bobby C. Sumner
Winston Ridge Development, LLC
1265 Flat Rock Church Road
Louisburg, NC 27549
Winston Ridge Subdivision - Phase 1
Ut to Horse Creek [030401, 27-17-(0.3), C, NSW]
DWQ Project # 05-2167, Ver. 4
Franklin County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions - AFTER-THE-FACT
Dear Mr. Sumner:
You have our After-the-Fact approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.1 acres of 404/wetland (0.056 acres permanent impact and 0.044 acres
temporary impact), 50 linear feet of intermittent stream (temporary impact), 0.018 acres open water [(pond)
permanent impact], and 2,362 square feet of Zone I Tar-Pamlico River basin protected riparian buffers and
1,546 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your application
dated July 15, 2011, and received by the Division of Water Quality (DWQ) on July 18, 2011, to construct the
proposed residential development at the site. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). The Certification(s)
allows you to use Nationwide Permit(s) NW29 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 15A NCAC 2B .0259. 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 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarohna
Phone: 919-807-63001 FAX: 919-807-6494
Internethtp://h2o.enr.state.nc.us/ncwetlands/ Am ya//
ff
An Equal Opportunity 1 Affirmative Action Employer
Winston Ridge Development, LLC
Page 2 of 4
August 24, 2010
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 (Units) Plan Location or Reference
404/Wetland 0.1 [(acres) 0.056 acres permanent
impact and 0.044 acres temporary
impact ] PCN page 5 of 11
Stream - intermittent 50 (linear feet) temporary PCN page 5 of I 1
Open Water (pond) 0.018 (acres) permanent impact PCN page 6 of 11
Buffers Zone 1 2,362 (square ft.) PCN page 7 of 11
Buffers Zone 2 1,546 (square ft.) PCN page 7 of 1 I
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. 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.
3. 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.
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 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;
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 213 .0259 (5). If this is not possible, it may be
Winston Ridge Development, LLC
Page 3 of 4
August 24, 2010
necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
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. The Construction Drawings for the Winston Ridge Repair & Stabilization Plan shall be implemented to
correct unauthorized impacts by restoring the stream, wetlands and buffer in accordance with the approved
restoration plan.
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 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 sixty (60) 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: (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.
Winston Ridge Development, LLC
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August 24, 2010
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Tar-Pamlico River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Karen Higgins (919-808-6360) or Ian McMillan (9n-807-6364.
CHSIi m
Enclosures: GC 3821
Certificate of Completion
Sinc rely, 1
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fColeen H. Sullins
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cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 052167Ver4W i nston RidgeSD Phasel(Franklin )401_TPBR