HomeMy WebLinkAbout20061833 Ver 1_Approval Letter_20070122o~~~ w ~ r FR pG
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IVlichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.l:. Director
Division of Water Quality
January 22, ?007
DWQ# 06-1833
Alamance County
CERTIFIED MAIL: 7004 251.0 0002 2177 4873
RETURN RECEIPT REQUESTED
Mr. Richard Donnelly
Gregory Poole Equipment Company
4807 Beryl Road
Raleigh, NC 27606
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 (D~'~'Q) on November 27, ?006.
After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 340?, which can be viewed on our web site at
htt~ ~~_~~_~~.ncwatcr~ ualitv.or~~ wctlands.html. This Certification allows you to use Nationwide Penrtit
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 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. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds l 50 linear
feet, additional compensatory mitigation may be required as described in 1~A NCAC 2H .006 (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 inspacts, are approved:
o~,~
NorthCarolina
,/1~lI~l1CA~~lf
North Carolina Division of Water Quality
wetlands Certitication Unit 1610 ~1ai1 Su'~~ice Center Raleigh. NC 37699-I G~0 Phone (9l9) 733-1786 FAX (919) 733-3496
2321 Crabtree Bled. Raki~~h, \C' 27604-2?60 Internet httpa/www.ncwaterpuality.org
Customer Service \umber: I-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,th~ intersection of Interstate 85/40 and Trollingwood Road in
~.Nl~b~ne, 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 (9l9) 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
pa}nment. 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
stoTmwater 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 stornlwater 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 Plara~tir~g curd Design Ma~~i~al or the
Mr. Richard Donnelly
Page 3, DWQ# 06-1833
January 22, ?007
North Carolina Surface Minim Mani-gal (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 1 ~A NCAC 0?B .OZ11 Fresh Saarface Water Oarality
Standcirds For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Er•osio~~i Coyztrol 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 ofthe 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 stornlwater 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 X401 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. Alo~~g til~ith the Certificate of Completion, please send
photographs ~irpstrearyz and dowftstrea~71 of the culvert site to docujr~ertt corn°ect irlstallatioji.
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, LL,,°
~~
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Ralcigh 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