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HomeMy WebLinkAbout20060830 Ver 1_Approval Letter_20061002?01 0 `9pG > r Mr. Chris Mathisen The Mathisen Company 6208 Creft Circle, Suite 230 Indian Trail, NC 28079 Subject: Glendalough S/D Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r /;Z1 r= OCT 2 2006 DENR - WATER QUALITY AETLANDS AND STORMWATER BRANCH APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Mathisen: Alan W. Klimek, P.E. Director Division of Water Quality September 26, 2006 DWQ# 06-0830 Union County You have our approval, in accordance with the attached conditions and those listed below, to impact 3,083 linear feet (If) (203 If of perennial) of unnamed stream to South Fork Crooked Creek in order to construct the Glendalough Subdivision in Union County, as described in your application received by the Division of Water Quality (DWQ) on May 17, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. 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. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be 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. In addition to the requirements of the certification, you must also comply with the following conditions: 2 The stream enhancement project shall be monitored for three years following installation. The necessary steps shall be taken by the applicant during this period to ensure the survivability of the planting and the stability of the stream channel. For the two parcels currently identified for commercial development (2.42 acres and 12.121 acres) and any other site that may be proposed for commercial development or may result in the impervious area to exceed 30% within the confines of the current proposed development, a final written storm water management plan shall be approved, in writing, by this Office prior to the construction of any permanent facilities on those sites. The storm water 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 permanent building is occupied at the site, the facilities (as approved by this Office) shall be constructed and operational, and the storm water management plan (as approved by this Office) shall be implemented. The structural storm water practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without written authorization from the Division of Water Quality. No Carolina Ntura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: ncwaterquality.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50%n Recycled/10%n Post Consumer Paper 3. This certification applies to the whole project including any parcels that are not to be developed. Any parcel(s) that may be transferred to a different entity in the future are still subject to the conditions of this certification. 4. Onsite mitigation is proposed for the stream impacts at the site. Approximately 500 If of stream will be enhanced through improvement in the dimension, in-stream structures and plantings along the riparian area. In addition, approximately 19 acres (4,468 If) along the South Fork Crooked Creek will be preserved. 5. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossings. This may be accomplished through the construction of flood plain benches or similar measures. These measures must be approved, in writing, by this office prior to construction. 6. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http:/r'h2o.enr.state.nc.uslncwetlands. 7. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 8. The planting of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 9. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 10. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 11. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 13. Continuing Compliance. The applicant (The Mathisen Company) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance tivith such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant 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 the applicant in writing, shall be provided to the United States Arm Corps of Engineers for reference in an y any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 that 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663- 1699, or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, forAlan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Amy Helms, Union County MRO, Land Quality Becky Fox, EPA Central Files File Copy Gregg Antemann AREA TO BE PLANT Location MATTED QUANTITY Stream A 9,396 sq. ft. 2,712 (T OC) AREA TO BE PLANT Location PLANTED QUANTITY Riparian Duffer 60,526 sq. It. 700 (10' OQ Live Stakes (1/2" - to 3" diameter) Slope surface ? IN 6" Minimum Depth y v+KC: ?I-?: VV ?' Live Fascine - Alternate every 50 feet SYMBOL SCIENTIFIC NAME COMMON NAME QUANTITY SALIX SERICEA SILKY WILLOW 543 CORNUS AMONIUM SILKY DOGWOOD 543 CEPHALANIIiLS gUTTONBUSH 542 CALLICARPA AMERICANA AStLRICA'V &.AUTYBFRRY 542 SAMBUCUS CANADENSIS ELDERBERRY 542 PLATANUS OCCIDE%rALIS SYCAMORE 175 LIRIODENDROV TULTHFFRA TULIP POPLAR 175 QUERCUS PIIELLOS WILLOW OAK 175 F.RAXI'.NUS I Fc . N NSYLVANICUS GREEN ASI[ 173 TOTAL 3,412 ?y 1; :0"? rO F ' V Note: Note: Rooted/leafed condition of the living plant material is not . representative of the time of ,,. .. -.,. ••..,; .•;? installation. Live Stake Detail Typical Cross Section Not to Scale 3. T1 Typical Channel Section - Not to,qcale NORTH AMERICAN GREEN E' OV04 MM CL Rod. Q-t d SOU-MSS 14640 M""Y 41 WORTH rVNT.214 N 4T725 edam-2040 r.WAap.An.eorN w op 1. PI RARE SM BEFCNE INSTIUNG ROLLED EROSION CWPOL FPOOC-S (RECP'.). INCLL'P'NG ANY NECESSARY APPLICATION OF LINE, FERrL ZER, AND SEED. NOTE: WHEN USNG CELL-0-SEED DO NOT SEED PREPARED AREA CELL-0-SEED MUST BE INSTALLED WCH PAPER S!CE DOWN 2. BEGIN AT ME TOP OF THE CHANNEL BY ANCHCRNG THE RECPA IN A V (15 CM) DEEP X 6' (15 CM) WILE TRENCH WTN APPRCXMA^,LY 12' (30 CIA) OF PECP. EXTENCEO BEYOND THE UP-ROPE PORTION CF THE TRENCH. ANCHOR l PECP WITH A ROW OF STAPLES/S-AnES APPROXIMATELY 12' (30 CM APART IN THE BC. CM OF THE TRENCH, WCNFILE AND CMAPCT THE BENCH AFTER P APPLY SEED TO C MRAC'E3 SOIL ANC FOLD REMANNC 12' (30 CM) PORTION OF RE PA BACK OVER SEED AND COMPACTED SOIL SECURE RECPA CVER CO ACED SO'L WITH ROW OF 57APLES/STAKES SPACED APPRC-'ELY 12' (30 CM) ACROSS THE WIDTH OF ME RECP A 3. ROLL CENTER PECP N ORCCI, N OF WATER FLOW N BOTTOM OF CHANNEL. R CPA WILL UNROLL - APPROPRIATE SCE AGA4ST THE SCL SURFACE ALL RECPA MUST BE SECURELY FASTENED 10 SC IL SURFACE BY PLACWC STARES/STAKES IN APPRORRA'E LOCATIONS AS SHCWN N THE STAPLE PATTERN CUICE. WHEN USING THE COI SYST:W". STAPLES/STMES SHOULD BE PLACED THROUGH EACH OF T-E COLORED DOTS CCRPESPC.NOING TO THE APPR11P-.E STAPLE PATTERN 4. PUCE CCNSECUTNE RECPA END OVER ENO (SHINGLE STILE) WITH A i - 6' (10 CM -15 CM) CVERAP. USE A DOUBLE ROW OF STAPLES STACCEREO 4' (10 CM3 MART AND 4- (10 ON) ON CENTER TO SECURE RECPA. 5. FULL LENGTH EDGE OF RECPA Ai TOP OF SAE SLOPES WST BE ANCHCRCJ WrtH A RCM OF STAPLES/STAVES APPROXIMATELY 12- (30 CAI) APART IN A 5- (15 CM) DEEP X 6- (15 CM) WIDE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. 6. ADJACENT RECPA MUST BE OVERLAPPED APPROXIMATELY 2' - 5' (5 CM -12.5 CM) (DEPENDING ON REP`. TYPE) AND STAPLED. 7. IN HIGH FLOW CHANNEL APPLICATIONS, A STAPLE CHECK SLOT IS RECOMMENCED AT 30 TO 40 FCCT (9 4 - 12 M) IhTERvALS. USE A DOUBLE RCW OF STAPLES STAGGERED i (10 CM) AF-?T AND i DO CM) ON CENTER OVER ENTIRE WIDTH OF THE CHANNEL a. ME TERMINAL ENO OF THE RECPA MUST BE ANCHORED WITH A ROW OF SAPLES/STAVES APPROXIMATELY 12' (30 CM) APART IN A V (15 CM) DEEP X 6' (15 CM) WIDE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. NOTE: . IN LOCSE SOIL GONDITICNS. THE USE OF STAPLE OR STAKE LENGTHS GREATER THAN 6- (15 CM) MAY BE NECESSARY TO PROPERLY ANCHOR THE RECPA. A D TOTE: CRITICAL POINTS HORIZONTAL STAPLE SPACING SHOULD ALTERED A. RERLMS AND SCAMS B. WATER ONE PROJECTED R IF NECESSARY TO ALLOW STAPLES TO SECURE THE CRITICAL PCWR ALONG THE CHANNEL SURFACE. . C HANNEL C. CHANNEL BOTTOM/SIDE •• IN LOOSE SOIL CONDITIONS. USE STAPLE SLOPE VERTICES 5 OR STAKE LENGTHS GREATER 6' (IS ALLY TN BE NECESSARY TO PROPERLY ANCHOR THE REC PECP't. JEQE'IN D Live Staking ............................... Stream Bed ................................. 0 177 Riparian Buffer .......................................... Harvesting: Only healthy, well-branched, and disease-free stock from species approved by the Project Manager shall be accepted. Live growing plant material at the harvesting site shall be handled with care to avoid bark stripping and splitting of stems. Cuts shall be made six to hveleve inches (611 -12") from the ground or as required by the property owner. Cuts shall be made flat or at a slight or blunt angle to ensure that the source sites will regenerate rapidly. Each stake shall be cleanly trimmed and cut I" above the highest bud. Nursery Supplied Live Plants: The planting stock should be grown by approved nurseries within the same physiographic region (Piedmont) and within 200 miles of the project site. The seed sources for the plant material should be obtained from the Piedmont. All containers need to be at least one gallon with a 24" minimum height. Erosion Control Matting: Area to be planted will be lined with North American Green C125 BN Bionet matting or approved equivalent. Matting shall be installed according to the manufacturers specifications. Living Soil Bioengineering Construction Requirements: system acceptance shall be as follows for branch rooting (in percent) based on inspection after the first growing season (late summer/early fall) Living System Percent Living Live Stakes 85% Contractor will ensure the survival rate is maintained for the first year following construction. Live Stake: Live stakes shall be 1/4" to 2" in diameter, 2 to 3 feet in length, angled on the bottom and cut ]lush on the top, with buds oriented upwards. Live stakes shall be determined living based on the presence of new growth. All side branches shall be cleanly trimmed so the cutting is one single stem. Stems should be scarred near the base of the live stake to encourage root growth. Plant Layout : Plants shall be grouped in'naturalistic' drifts. A drift of a single species shall consist of (5) to (11) plants. The plants in each drift should be planted in a random manner on 2' centers. Do not plant in unnatural looking rows. Areas dominated by bedrock will not be planted. See planting plan for total numbers of plants. Riparian Buffer : Plants shall be grouped in 'naturalistic' drifts. The plants in each drift should be planted in a random manner on 10' centers. Do not plant in unnatural looking rows. Areas dominated by bedrock will not be planted. See planting plan for total numbers of plants. UAIE. Cemlim Wetland Services PLANS PREPARED BY 12 LE-7 a 550 Fss Westingh-Ruule,ud Planting Plan and Specifications Chulode, North Carolina 28273 11 Glendalough Subdivision Union County, North Carolina of DE9(NED BY R0'1 DATE 9A105 CWS Project No. 2006-1329 Q1 ET RQJ V ,2 p ,2 .. DRAVIN BY DALE y -., -. •? CxW,nawedanSSanueS nC7 CHECKED BY CRW DATE ?? - 11 2DO B.-SE DF- IJ3I FG_IUCU OII ii oun_a 01 11'E71Avr?s?; . NOTEI JURISDICTIONAL WATERS OF THE U,S, WERE DELINEATED AND CLASSIFIED BY CAROLINA WETALND SERVICES, INC. (CWS) ON OCTOBER 15, 2005, JURISDICTIONAL AREAS WERE SURVEYED USING A SUB-METER GPS UNIT, Typical Channel Dimensions LEGEND Existing Stream Channel Bottom ® Bioengineering Riparian iler- ? D Scale 1" = 100" ?D fi REV. NO. By CKD. DATE Caroline Weiland Smices PLANS PREPARED BY r"7j g11Or r1fMU Il?K?N(wPl?i?u (Gt4h'fi?Fi 550 East mfinghousc Boulevard Enhancement and Typical Cross Section +hr. - Charlotte. North Carolina. 28273 Glendalough Subdivision - i Union County, North Carolina DESIGNED BY Rw DATE 9/27/- pl CWS Project No. 2006-1329 SHEET 10f z ........ DRAWN BY DATE Cws CamBnat!{eVaP3 $esvieeq' CHECKED BY CRW DATE ..... .. .... .._..... BASE DRAWING PROVIDED BY FRONTIER SURVEYING. Planting Zone. Planting Zone