HomeMy WebLinkAbout20060447 Ver 2_Revised - After-the-fact Approval Letter_20091106NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 6, 2009
DWQ Project # 06-0447, Ver. 2
Wake County
Mr. Charles A. Buttle
National City Bank
One Chagrin Highlands
2000 Auburn Drive, Suite 400
Beachwood, OH 44122
Subject Property: Olde Towne - AFTER-THE-FACT
Walnut Creek [030402,27-34-(4), C, NSW]
Walnut Creek [030402, 27-34-11, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions- REVISED
Dear Mr. Buttle:
You have our After-the-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 0.4375 acres of 404/wetland (0.1752 acres permanent impact and
0.2623 acres temporary impact), 803 linear feet of stream (300 linear feet permanent, perennial stream
impact, 114 temporary, perennial stream impact, 49 linear feet permanent, intermittent stream impact, and
340 linear feet temporary, intermittent stream impact) and 38,210 square feet of Zone 1 Neuse River basin
protected riparian buffers and 27,840 square feet of Zone 2 Neuse River basin protected riparian buffers,
as described in your application dated June 6, 2008, and received by the Division of Water Quality
(DWQ) on June 6, 2008, with additional information received on July 28, 2008, August 14, 2008, August
26, 2008, August 5, 2009, and September 18, 2009, to construct a residential development at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3699 (GC3699) and 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW 12 and NW29, respectively, when issued by the US Army Corps of Engineers
(USACE). This Certification replaces the Certification issued to you on November 2, 2009. This
letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0233. 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http://h2o,enr.state.nc.us/ncwetlands/
NorthCarofina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
National City Bank
Page 2 of 6
November 6, 2009
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.4375 [(acres) 0.1752 acres permanent PCN Application
impact and 0.2623 acres temporary
impact]
Stream - perennial 414 [(linear feet) 300 linear feet PCN Application
permanent, perennial stream impact, 114
temporary, perennial stream impact]
Stream - intermittent 389 [(linear feet) 49 linear feet
permanent, intermittent stream impact,
and 340 linear feet temporary,
intermittent stream impact]
Buffers Zone 1 38,210 (square ft.) PCN Application
Buffers Zone 2 27,840 (square ft.) PCN Application
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 ail 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,
National City Bank
Page 3 of 6
November 6, 2009
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 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
6. 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 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
7. Stormwater Management Plan Approved for Phases 13-25.
The final, written stormwater management plan for Phases 13-25 approved by the City of
Raleigh, must be implemented and the stormwater management facilities shall be constructed and
operational before any permanent building is occupied at the subject site. The structural
stormwater practices as approved by the City of Raleigh 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.
8. Written Stormwater Management Plan (Final Plan Needed for the Remainder of the Site)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604). The stormwater management plan for
each future phase shall be received by this Office before any land disturbance associated with this
phase may occur. Before any land disturbance associated with each future phase may occur, the
Division of Water Quality must receive documentation of the City's approval of the stormwater
management plan for this project by providing EITHER:
• A valid approval letter from the City of Raleigh indicating that the proposed activity has an
approved SMP and ene copy of the approved SMP, including plan details, calculations and
other supporting information, OR
A set of stormwater plan details and calculations stamped as "Approved" by the City of
Raleigh.
These facilities must be designed to treat the runoff from the entire phase. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented.
National City Bank
Page 4 of 6
November 6, 2009
9. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orgjdoh/operations/BMP _manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
10. 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;
National City Bank
Page 5 of 6
November 6, 2009
Mitigation:
11. Compensatory Mitigation Using Onsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to restore the impacted stream and wetlands as described in your
Stream and Buffer Restoration Plan, dated August 5, 2009, and received by the DWQ on
August 5, 2009. This plan has been determined by the DWQ to be a suitable method to meet the
mitigation requirement.
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 343 (linear feet) Neuse/03020201
404/Wetlands 0.0397 (acres) Neuse/03020201
12. The Agreement by the Director of DWQ (signed 6/10/09) and the Vice President of Capstone Realty,
Inc (signed 5/20/09) in the matter of the property known as Olde Towne shall be implemented to
correct unauthorized impacts by restoring the stream and wetlands in accordance with the approved
restoration plan.
13. 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 401 Oversight/Express Review Permitting 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 do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
/??Coleen H. Sullins
National City Bank
Page 6 of 6
November 6, 2009
CHS/gym
Enclosures: GC3699 and GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Natalie Landry, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060447Ver2OldeTowne(W ake)401_NBR_Revised