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HomeMy WebLinkAbout20061833 Ver 1_More Info Received_20070724Bobbitt Design-Build, Inc. 600 Germantown Road Raleigh North Carolina 27607 Letter of Transmittal (919) 851-1980 Date: 23-Jul-07 Job Number: 1469-0182 Fax (919) 851-1982 Job Name: Gregory Poole Subdivision bobbitt.com o~,-i 33 To: NC Div. Water Qualit Attention: Annette Lucus 401 Oversite We are sending you the following items: Shop drawings x Plans x Copy of letter x Prints Change order Samples Specifications Co ies Date No. Descri tion 3 sets 24x36 Stormwater Management Plan (WL1-4) 1 copy Stormwater Operations and Maintainance Manual 1 copy Wetland Calculations (Western and Eastern) 1 copy Approval of 401 Water Quality Certification (DWO#06-1833) 1 copy Aproval of 404 permit (USAGE - SAW_2006-40213-201) R~ ~ ~~ t ~` d e'~ a~~;9~r~ ° ` 9 ~ 9 ~ pj b~ ..~ Jl~~ :; f IQII% These are transmitted: FOR BIDS DUE (Date) For approval x For your use As requested For review & comment Approved as submitted Returned for corrections Resubmit copies for approval Submit copies for approval Return corrected prints Remarks: Please let me know if you have nay questions Copy to: File Thanks From: Blair Pittman bpittman(a)_bobbitt.c LPG . ~ Marv 2 s 2001 BOBBITT DESIGN BUILD, INC. CERTIFIED MAIL: 7004 2510 0002 2177 4873 RETURN RECEIPT REQUESTED Mr. Richard Donnelly Gregory Poole Equipment Company 4807 Beryl Road Raleigh, NC 27606 ivncnaei r. i/asiey, uovernor William C. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 22, 2007 DWQ# 06-1833 Alamance County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Donnelly: Gregory Poole Equipment Company has our approval, in accordance with the attached conditions, to place permanent fill in 187 linear feet of intermittent stream and in 0.485 acre of wetlands in order to construct two road crossings and provide lot fill for the Gregory Poole commercial subdivision to be developed on property located northeast of the intersection of Interstate 85/40 and Trollingwood Road in Mebane, Alamance County, as described in your application received by the Division of Water Quality (DWQ) on November 27, 2006. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at http://www.ncwaterqualit ~~or~/wetlands.html. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you maybe required to send us a new application for a new certification. 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. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: No°rthCarolina ,Natc>!rally North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Btvd. Raleigh, NC 27604-2260 Internet http:/lwww.ncwatercuality.org Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Richard Donnelly Page 2, DWQ# 06-1833 January 22, 2007 Amount A roved Plan Location or Reference Streams 187 linear feet Unnamed tributary to Back Creek located northeast of and adjacent to the intersection of Interstate 85/40 and Trollingwood Road in Mebane, Alamance County, as depicted on the site plan included with the application Amount A roved Plan Location or Reference Wetlands 0.485 acre Emergent wetlands located northeast of and adjacent to the intersection of Interstate 85/40 and Trollingwood Road in Mebane, Alamance County, as depicted on the site plan included with the application 2. Mitigation is required for permanent impacts to 0.485 acre of non-riparian wetlands. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement Program (NC EEP) in order to compensate for these impacts. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). Until the NC EEP receives and clears your check (made payable to: DENR -North Carolina Ecosystem Enhancement Program), stream, wetland, and buffer impacts (including fill) shall not occur at this site. Ms. Kelly Williams should be contacted at (919) 716-1921 if you have any questions concerning the Ecosystem Enhancement Program. You have sixty (60) days from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the permanent fill of 0.485 acre of non- riparian wetlands in the Cape Fear River Basin, Cataloging Unit Number 03030002. 3. A final, written stormwater management plan must be approved in writing by this Office before the impacts specified in this authorization occur, per condition No. 4 in General Certification 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove, at a minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stonnwater management plan (as approved by this Office) shall be implemented. 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. This stormwater management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit in Raleigh within 60 days of receiving this letter. 4. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the Mr. Richard Donnelly Page 3, DWQ# 06-1833 January 22, 2007 North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in I SA NCAC 02B .0211 Fresh Surface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 5. 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 measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 6. No waste, spoils, 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. 7. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. 8. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. 9. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs upstream and downstream of the culvert site to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition Mr. Richard Donnelly Page 4, DWQ# 06-1833 January 22, 2007 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, C Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Ms. Debbie Edwards, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614 U.S. ARMY CORPS OF ENGINEERS p ~ - l $ 3 3 WILMINGTON DISTRICT Action ID. SAW-2006-40213-201 County: Alamance USGS Quad: Mebane GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Gregory Poole Equipment Company Address: Attn: Richard Donnelly 4807 Beryl Road Raleigh, NC 27606 Telephone No.: 919-828-0641 Size and location of property (water body, road name/number, town, etc.): The proiect site is located northeast of the intersection of Trollingwood Road and I-85/I-40 in Mebane, Alamance County, North Carolina and is identified as the GreQOry Poole Subdivision Aquatic features on site drain to Black Creek in the Cape Fear River Basin. Description of projects area and activity: This permit verification allows for 0.485-acre of permanent emergent wetland impact and ]87 linear feet (0.011-acre) of permanent impact to a stream channel lacking important aquatic function during the construction of a residential subdivision. Mitigation, at a 2:1 ratio is required for the wetland impact (see permit conditions below). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Monte Matthews. Permit Condition: In order to compensate for impacts to 0.485-acre of non-riparian wetlands, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.97-acres ofnon-riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department Page 1 of Z .,, -2- of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. **Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natura] Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater Habitats of the of the United States** Co s Re ulato Official: Monte Matthews ~.~t a ~l • ~ Date: December l4, 2006 '7 ~ D' Expiration Date of Verification: March 18, 2007 Page 2 of 2